Applicants convicted of murder and related offences sought suspension of sentence and bail pending appeal, citing over 12 years' incarceration. Noting the case rested on circumstantial evidence and relying on Apex Court precedents on prolonged custody, the court suspended sentences and enlarged them on bail.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NISHA Digitally signed byNISHA SANDEEP SANDEEP CHITNIS Date: 2024.06.28 CHITNIS 12:48:18 +0530
25&59-ia.420,421,1045-46&1995-96.2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.420 OF 2024 (FOR BAIL) IN
CRIMINAL APPEAL NO.97 OF 2024
Abhijeet A. Bhosale …Applicant Versus The State of Maharashtra ...Respondent
WITH INTERIM APPLICATION NO.421 OF 2024 (FOR BAIL) IN
CRIMINAL APPEAL NO.99 OF 2024
Harun Ibrahim Shaikh …Applicant Versus The State of Maharashtra ...Respondent
WITH
INTERIM APPLICATION NO.1045 OF 2024 (FOR BAIL)
IN
CRIMINAL APPEAL NO.232 OF 2024
Sachin Rajaram Chorge …Applicant Versus The State (at the instance of Borivali Police Station) ...Respondent
1/7
N. S. Chitnis
25&59-ia.420,421,1045-46&1995-96.2024.doc
WITH
INTERIM APPLICATION NO.1046 OF 2024 (FOR BAIL) IN
CRIMINAL APPEAL NO.233 OF 2024
Brijesh Shambhunath Mishra …Applicant Versus The State (at the instance of Borivali Police Station) ...Respondent
WITH
INTERIM APPLICATION NO.1995 OF 2024 (FOR BAIL) WITH
INTERIM APPLICATION NO.1996 OF 2024 (FOR SUSPENSION OF SENTENCE) IN CRIMINAL APPEAL NO.612 OF 2024
Birbal Ramvilas Singh …Applicant Versus The State of Maharashtra ...Respondent
Ms. Suvarna Avhad Vast a/w Ms. Manali Sohoni and Mr. Rahul Dingankar for the Applicants in IA/420/2024 & IA/421/2024.
Mr. Mihir Desai, Senior Advocate for the Applicants in IA/1045/2024 & IA/1046/2024.
Mr. Prashant Pandey a/w Mr. Dinesh Jadhwani and Mr. Irfan Unwala i/b W3Legal LLP, for the Applicant in IA/1995/2024 & IA/1996/2024.
Ms. P. P. Shinde, A.P.P for the Respondent – State.
2/7
N. S. Chitnis
25&59-ia.420,421,1045-46&1995-96.2024.doc
CORAM : REVATI MOHITE DERE & SHYAM C. CHANDAK, JJ.
DATE : 24th JUNE 2024
P.C. :
of 2024 are taken up with Interim Application No.420 and 421 of 2024 and Interim Application Nos.1045 and 1046 of 2024.
January 2024, passed by the learned Additional Session Judge, Borivali Division, Dindoshi, Mumbai, in Sessions Case No. 161 of 2017, have been convicted and sentenced for various offences i.e. for the offences
3/7
N. S. Chitnis
25&59-ia.420,421,1045-46&1995-96.2024.doc
punishable under Sections 302, 120B, 364, 365, 342, 201, 380, 392, 404, 342, 419, 420, 465, 468 and 472 r/w 34 of the Indian Penal Code. For the offence punishable under Section 302 of the Indian Penal Code, the applicants have been sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs.5,000/- each, in default,
to suffer rigorous imprisonment for one year. This is the maximum sentence imposed on the applicants. Different sentences have been awarded for the other offences.
All the substantive sentences were directed to run concurrently.
and Suleman v/s The State of Uttar Pradesh2 .
1 2022 SCC OnLine SC 697
2 2022 SCC OnLine SC 714
4/7
N. S. Chitnis
25&59-ia.420,421,1045-46&1995-96.2024.doc
5/7
N. S. Chitnis
25&59-ia.420,421,1045-46&1995-96.2024.doc
suspended and they are enlarged on bail, pending the hearing and final
disposal of their appeals, on the following terms and conditions :-
ORDER
i) The applicants be enlarged on bail on furnishing P.R. Bond in the sum of Rs.25,000/- each with one or two sureties in the like amount;
ii) The applicants shall report to the trial Court, once in three months on the day/date specified by the trial Court, till their Appeals are finally disposed of;
iii) The applicants shall keep the trial Court informed of their current addresses and mobile contact numbers 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.
6/7
N. S. Chitnis
25&59-ia.420,421,1045-46&1995-96.2024.doc
aforesaid terms and are accordingly disposed of.
All concerned to act on the authenticated copy of this order.
SHYAM C. CHANDAK, J.
REVATI MOHITE DERE, J.
7/7
N. S. Chitnis
1 issue framed by the court
Should the sentences of applicants in custody for over 12 years be suspended and they be enlarged on bail pending appeal?
Colour shows how this judgement treated each authority
Saudan Singh v/s State of Uttar PradeshRelied on¶5
2022 SCC OnLine SC 697 · Who else cites this
Suleman v/s The State of Uttar PradeshRelied on¶5
2022 SCC OnLine SC 714 · Who else cites this
1 provisions across 1 enactments
Abhijeet A. Bhosale
Harun Ibrahim Shaikh
Sachin Rajaram Chorge
Brijesh Shambhunath Mishra
Birbal Ramvilas Singh
The State of Maharashtra
Revati Mohite Dere
Shyam C. Chandak
As recorded by the court registry
7 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
