Allowed

Shivcharan Kanhaiyalal Dhandore v. the State of Maharashtra and Anr.

Bombay HC20 Dec 2024IA/5119/2024

Case brief

AI extract

What is this about?

Applicant, convicted with other municipal councillors by the Special Judge, Dhule, sought stay of conviction pending appeal. Relying on Supreme Court orders extending similar benefit to co-accused, the High Court granted stay of conviction.

What did the court decide?

Stay/suspension of the Applicant's conviction recorded by the Special Judge, Dhule on 31.08.2019, pending hearing and final disposal of the Criminal Appeal.

Shivcharan Kanhaiyalal Dhandore vs the State of Maharashtra and Anr. — Corruption | Bombay HC (2024)

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Digitally signed byRUSHIKESH RUSHIKESHVISHNU VISHNUPATIL PATIL Date: 2024.12.20 18:51:40 +0530

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1/3 901 IA.5119.2024.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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INTERIM APPLICATION NO. 5119 OF 2024 IN CRIMINAL APPEAL NO. 1577 OF 2019

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Shivcharan Kanhaiyalal Dhandore .. Applicant

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Versus The State of Maharashtra and Anr. .. Respondents

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Mr. Abhishek Ingale i/b Adv. M. L. Patil, for the Applicant. Mr. D.J. Haldankar, APP, for the Respondent – State.

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CORAM: BHARATI DANGRE & MANJUSHA DESHPANDE, JJ. DATED : 20^th DECEMBER, 2024

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P.C:-

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The Interim Application fled in the pending Criminal Appeal seeks stay of conviction recorded by the learned Special Judge, Dhule in Special Case No. 01 of 2014, vide his judgment dated 31.08.2019 against the present Applicant (Original Accused No. 10).

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We have heard learned counsel for the Applicant and Mr. Mr. Haldankar, learned APP for the State.

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The Applicant alongwith 50 other Municipal Councillors of the then Jalgaon Municipal Council stood convicted by the Special Judge, and as far as the Applicant is concerned, he is sentenced to suffer simple imprisonment for fve years alongwith the fne that is imposed. It is not in dispute that he

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R.V.Patil

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2/3 901 IA.5119.2024.odt

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was granted bail and his sentenced was suspended pending the hearing of the Appeal on 04.10.2019.

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What he pray for is stay of his conviction.

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The learned counsel has placed reliance upon several orders passed by this Court, granting a similar relief and reliance is also placed upon the order passed by the Apex Court in case of Bhagatram Ravalmal Blani (Balani) V/s. The State of Maharashtra , when the Apex Court noted that the sentence of conviction imposed upon the co-accused have already been stayed, and there is no reason why this relief should be denied to them.

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In fact, by relying upon the said order passed by the Apex Court, the co-accused Kailas Narayan Sonawane (Interim Application No.1724 of 2024 in Criminal Appeal No. 1519 of 2019) is also held entitled for the relief, as if two of the convicts have been held to be eligible for beneft of suspension of their conviction, the Apex Court had directed that a similar treatment to be meted out to others, as a result, extending the beneft of the orders passed by the Apex Court in SLP(Crl) No. 1360 of 2022, SLP(Crl) No.2353 of 2022 in Diary Nos.32988 and 44370 of 2023, we have already granted stay of the conviction recorded by the learned Special Judge, by the impugned judgment which is pending for consideration before us in various Appeals.

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We see no reason why the similar relief shall not be extended to the present Applicant.

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As a result, the Interim Application is allowed in terms of prayer clause (a) which reads to the following effect:

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R.V.Patil

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3/3 901 IA.5119.2024.odt

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“(a) Pending the hearing and fnal disposal of the abovesaid Criminal Appeal, stay/suspend the operation and effect of the conviction of the Applicant recorded by the learned Special Judge, Dhule in Special Case No.1 of 2014 under Judgment and Order dated 31.08.2019.”

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We must however clarify, that we are extending the beneft only on the basis of the order passed by the Apex Court and the orders passed in case of co-accused where the beneft of the order of the Apex Court was extended to them.

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(MANJUSHA DESHPANDE, J.) (BHARATI DANGRE, J.)

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R.V.Patil

Shivcharan Kanhaiyalal Dhandore v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Shivcharan Kanhaiyalal Dhandore v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

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