(30)-IA-400-2022 IN CA-95-2022.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

INTERIM APPLICATION NO. 400 OF 2022

IN

CRIMINAL APPEAL NO. 95 OF 2022

Santosh Tukaram Mahadik

..Applicant

Versus

State of Maharashtra

..Respondent

Ms. Tamanna I. Shaikh Advocate for the Applicant.

Ms. P.N. Dabholkar, APP for the Respondent-State.

CORAM : PRAKASH D. NAIK, J.

DATE : 23^rd February, 2022.

P.C.

1.

The applicant has preferred this application for

suspension of sentence of imprisonment and grant of bail during the

pendency of Criminal Appeal No.95 of 2022.

2.

The applicant is convicted for the offence punishable

under Section 395 of Indian Penal Code (for short “IPC”) and

sentenced to suffer rigorous imprisonment for six years and to pay

fine of Rs.5,000/-.

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SAJAKALI

LIYAKAT

JAMADAR

Digitally

signed by

SAJAKALI

LIYAKAT

JAMADAR

Date:

2022.03.25

17:58:14

+0530

(30)-IA-400-2022 IN CA-95-2022.doc.

3.

The case of the prosecution is that the complainant is in

business of purchase and sale of landed property. Accused No. 6 is

in similar business. Complainant had sold the land to his brother

through estate agent (Accused No.6). With a view to purchase

property through accused No.6, the complainant paid him

Rs.10,00,000/- (Ten Lakhs only). The accused No.6 did not find

seller. He did not refund the amount of Rs.10,00,000/- (Ten Lakhs

only) to complainant. The accused no.6 handed over the gold

weighing 250 mg. The complainant insisted for refund of balance

amount from accused No.6. Gold weighing 50 gm was given by

accused No.6 to complainant. Complainant than contacted accused

No.6 and shown willingness to go for big deal of purchasing Gold.

On 15.03.2016 complainant received call from accused No.6

regarding sale of Gold to him. The complainant was called at

specified place with amount of Rs.1,00,00,000/- (One Crore Only).

Complainant and others collected amount of Rs.1,14,00,000/- (One

Crore Fourteen Lakhs Only). The complainant was called at the farm

house by accused No.6 with amount. The complainant and others

visited the place. The son-in-law (Applicant) of accused No.6 came

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to the spot. The complainant and others were attacked with

weapons by unknown persons, complainant suffered injuries. The

accused took away amount of Rs.1,14,00,000/- (One Crore Fourteen

Lakhs Only) and the golden chain of complainant. Complaint was

lodged with Police Station. The complainant suspected role of

accused No.6 and applicant. FIR was registered. Some of the

accused were arrested. Applicant was arrested. Amount of

Rs.1,01,21,000/- (One Crore One Lakh Twenty One Thousand Only)

recovered from several places. Identification parade was conducted.

Charge-sheet was filed.

4.

Learned Advocate for the applicant submitted that, the

applicant is in custody for substantial period of time. The applicant

is not involved in crime. There is no evidence against the applicant.

The only material to connect the applicant with the crime is

recovery of Rs.5,90,000/-(Five Lakhs Ninety Thousand Only) from

the car. The said car was produced by PW-2. PW-3 (Panch) for

seizure of cash from car admitted that, the car was at Police Station.

He did not disclose what was the amount seized from the car. It is

not explained by complainant as to how he collected the huge

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amount. The cash was not identified. The car was produced by

Swapnil Parmar.

5.

The learned APP submitted that, there is sufficient

evidence against the applicant. The offence is of serious nature. The

applicant has almost completed the sentence of imprisonment. He

had completed sentence of five years, eleven months on 15.02.2022

by calculating remissions, the applicant would be released shortly.

Considering the evidence against him, sentence of imprisonment

shall not be suspended.

6.

According to prosecution seizure of