Ramesh @ Bhaijan Mohan Patil v. State Of Maharashtra

WAKLE MANOJ JANARDHAN Manoj 903-APEAL-1276-2023.doc WAKLE MANOJ JANARDHAN Date: 2025.10.09 15:19:41 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.2774 OF 2025 IN INTERIM APPLICATION NO.925 OF 2024 IN CRIMINAL APPEAL NO.1276 OF 2023 WITH CRIMINAL APPEAL NO.1276 OF 2023 Ramesh @ Bhaijan Mohan Patil ...Applicant Vs.

The State of Maharashtra

...Respondent

------ Ms. Savvy Kolhekar i/by Mr. Aniket Vagal, for the Applicant. Ms. Sangeeta D. Shinde, APP for the Respondent/State. ------ CORAM : SARANG V. KOTWAL & SHYAM C. CHANDAK, JJ.

DATED : 7th OCTOBER, 2025 P.C. :- 1) Interim Application No.2774 of 2025 in Interim Application No.925 of 2024 in Criminal Appeal No.1276 of 2023 is not on board. Taken on board.

2) The Applicant has filed Criminal Appeal No.1276 of 2023 against the Judgment and Order dated 30th April, 2022 passed by the Additional Sessions Judge, Dindoshi, Mumbai in Sessions Case No.12 of 2011 against his conviction under Sections 396, 397 & 120(B) of Indian Penal Code, 1860. He was sentenced to suffer Life Imprisonment which 1/5

Manoj 903-APEAL-1276-2023.doc would not be less than sixteen years with fine of Rs.5,000/-. The Applicant had preferred Interim Application No.925 of 2024 for Suspension of his sentence during pendency of his Criminal Appeal No.1276 of 2023 a Division Bench of this Court vide the Order dated 11th March, 2025 passed the following Order:- "i) The applicant be enlarged on bail on furnishing P.R. Bond in the sum of Rs.50,000/- with one or two local solvent sureties in the like amount;

ii) The applicant shall report to the trial Court, once in four months on the day/date specified by the trial Court, till his Appeal is finally disposed of;

iii) The applicant shall keep the trial Court informed of his current address and mobile contact number and/or change of residence or mobile details, if any, from time to time; iv) If there are two consecutive defaults in appearing before the trial Court, the learned Judge shall make a report to the High Court and the prosecution would be at liberty to file an application seeking cancellation of bail."

2) After passing of this Order on 11th March 2025, till today, the Applicant, because of his poor financial condition, was unable to arrange the sureties to the sum of Rs.50,000/- as was directed. Therefore, in the meantime, he preferred another Application vide Criminal Interim Application No.2774 of 2025 i.e., the present Interim Application in Criminal Interim Application No.925 of 2024 in Criminal Appeal No.1276 2/5

Manoj 903-APEAL-1276-2023.doc of 2023. Another Division Bench of this Court vide the Order dated 30th July, 2025 passed further Order. Paragraph 6 of the said Order reads thus:- "6) In the backdrop, we deem it appropriate to allow the Applicant to furnish cash deposit in the sum of Rs. 25,000/- (Rupees Twenty Five Thousand only) in lieu of furnishing 'solvent surety' for the purpose of his release. However, we make it clear that this is an ad-interim Order which will remain in force for a period of eight weeks to enable the Applicant to arrange for the 'solvent surety' as directed by the Order dated 11/03/2025." 3) This concession was given to the Applicant vide the Order dated 30th July, 2025.

4) Even after that, till today, the Applicant could not arrange to furnish cash deposit in the sum of Rs.25,000/- and he could not arrange for the sureties for Rs.50,000/- as was directed in the Order dated 11th March, 2025. Today, the matter is placed before us at the instance of the learned Counsel for the Petitioner because vide the Order dated 30th July 2025, the Application was to be listed on 24th September, 2025. It was not listed and therefore, it was circulated before us for today's board. 5) Learned Counsel for the Applicant submitted that the very fact that the Applicant has been unable to arrange for the cash amount of Rs.25,000/- and solvent sureties of Rs.50,000/- shows that he is in genuine difficulty. However, she submitted that as on today, the Applicant has arranged to deposit cash of Rs.25,000/- Therefore, he needs extension of 3/5

Manoj 903-APEAL-1276-2023.doc time to deposit the said amount. She further requested and prayed that the Order dated 11th March, 2025 be modified and the P.R. Bond in the sum of Rs.50,000/- with one or two local solvent sureties in the like amount be modified to Rs.25,000/-.

6) We have considered this submission. The difficulty expressed by learned Counsel for the Applicant appears to be genuine because, in spite of the Orders passed on 11th March, 2025 and 30th July, 2025 the Applicant still continues to remain in custody. Therefore, we are inclined to modify both these Orders. Hence the following Order :- :: ORDER ::

(i) The Applicant is permitted to furnish cash deposit in the sum of Rs. 25,000/- for a period of eight weeks from today. (ii) The Order dated 11th March, 2025 passed in Interim Application No.925 of 2024 in Criminal Appeal No.1276 of 2023 is modified as far as the Clause (i) is concerned. Now the Clause (i) shall read as follows:- i) The Applicant be enlarged on bail on furnishing P.R. Bond in the Sum of Rs.25,000/- with one or two local solvent sureties in the like amount.

(iii) The rest of the Clauses in the said Order dated 11th March, 2025 shall remain as they are.

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Manoj 903-APEAL-1276-2023.doc (iv) In view of modification of this Order, the condition imposed in paragraph 7 of the Order dated 30th July 2025, directing Suraj Rathore, the son of the Applicant to furnish an undertaking will not be necessary.

7) The Interim Application No.2774 of 2025 in Interim Application No.925 of 2024 in Criminal Appeal No.1276 of 2023 is disposed of in the aforesaid terms.

(SHYAM C. CHANDAK, J.) (SARANG V. KOTWAL, J.) 5/5