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Bombay High CourtIA/1139/2026allowed

Chandrakant @ Pintya Balaram Mhaskar v. State Of Maharashtra

2026-04-29Hon'Ble Shri Justice A.S. Gadkari , Hon'Ble Justice Kamal Khata3 pages

KSG 20-IA-1139-2026.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.1139 OF 2026 IN CRIMINAL APPEAL NO.334 OF 2026 Chandrakant @ Pintya Balaram Mhaskar ... Applicant V/s.

The State of Maharashtra ... Respondent _______________________________________ Mr. Sumit Patil for the Applicant.

Ms. M.H. Mhatre, A.P.P. for Respondent-State. _______________________________________ CORAM : A. S. GADKARI AND KAMAL KHATA, JJ.

DATE : 29th APRIL 2026 P.C. :

1) This is an Application by accused No.1 for suspension of sentence and releasing him on bail, during the pendency of Appeal. 2) By the impugned Judgment and Order dated 18th June, 2025, Digitally signed by KIRAN SANJAY GHUGE Date:

2026.05.04 19:29:02 +0530 KIRAN SANJAY GHUGE passed in MCOC Special Case No.7 of 2014, the learned Additional Special Judge (Under The Maharashtra Control of Organized Crime Act), Thane at Thane, has convicted the Applicant under Sections 302 and 452 of the Indian Penal Code and sentenced him to suffer life imprisonment. 3) Learned APP produced on record the Nominal Roll of the Applicant. It is stated therein that, the Applicant as of today, has undergone 1/3

KSG 20-IA-1139-2026.doc about 11 years and 6 months of imprisonment.

4) Record indicates that, Accused No.3 is released on bail by this Court by an Order dated 17th January, 2026, where as Accused No.4 and 5 were directed to be released on bail by Order dated 7th April, 2026. 5) In view of the observations made by the Hon'ble Supreme Court in the case of Saudan Singh Vs. State of Uttar Pradesh, reported in 2022 SCC OnLine SC 697 and Suleman Vs. The State of Uttar Pradesh, in Miscellaneous Application No. 764 of 2022, dated 15th September 2022, as the Applicant has already undergone more than 10 years of actual imprisonment and there is no chance of hearing his substantive Appeal in the near future, the substantive sentence imposed upon the Applicant can be suspended and he be released on bail.

6) Hence, the following Order :- i) During the pendency of Appeal preferred by the Applicant, the substantive sentence imposed upon the Applicant vide Judgment and Order dated 18th June, 2025, passed by the learned Additional Special Judge (Under The Maharashtra Control of Organized Crime Act), Thane at Thane in MCOC Special Case No.7 of 2014, is suspended and the Applicant be released on bail on his furnishing PR bond of Rs.50,000/- with one or two local solvent sureties in the like amount.

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KSG 20-IA-1139-2026.doc ii) After his release from jail and during the pendency of present Appeal, Applicant shall not enter the jurisdiction of Badlapur Municipal Council, District Thane. iii) After his release from jail, the Applicant shall attend the Badlapur-East Police Station, Thane on every first Monday of each month between 10.00 a.m. and 1.00 p.m. initially for a period of one year and thereafter on every first Monday between 10.00 a.m. and 1.00 p.m. of every third calender month i.e. four times in a year, till the disposal of Appeal.

iv) Applicant is directed to leave the jurisdiction of Badlapur Municipal Council, District Thane immediately after marking their presence at the Badlapur-East Police Station, Thane on the aforenoted dates.

v) In case of two consecutive defaults in complying with the aforesaid conditions, the Prosecution is at liberty to file application for cancellation of bail.

7) Application is allowed in the aforesaid terms. ( KAMAL KHATA, J. ) ( A.S. GADKARI, J. ) 3/3