ABDUL KADAR JAVALI, PRESENTLY LODGED JUDICIAL CUSTODY, COLVALE MODERN JAIL v. STATE OF GOA, (AS REPRESENTED BY THE OFFICER I/C. VASCO POLICE STATION) AND ANR
Court: Bombay High Court
Bench: HON'BLE SHRI JUSTICE M. S. KARNIK,HON'BLE MS JUSTICE NIVEDITA P. MEHTA
Judgment date:
Case summary
Bombay High Court judgment dated 2024-12-12. ABDUL KADAR JAVALI, PRESENTLY LODGED JUDICIAL CUSTODY, COLVALE MODERN JAIL v. STATE OF GOA, (AS REPRESENTED BY...
Judgment text
Suchitra IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL MISC. APPLICATION NO. 65/2024 IN CRIMINAL APPEAL NO. 47/2024 ABDUL KADAR JAVALI, PRESENTLY LODGED JUDICIAL CUSTODY, COLVALE MODERN JAIL … APPLICANT Versus STATE OF GOA, (AS REPRESENTED BY THE OFFICER I/C. VASCO POLICE STATION) AND ANR. … RESPONDENTS Mr Amit Palekar with Mr Rakesh Naik, Advocates for the Applicant. Mr S. Karpe, APP for the Respondent-State. CORAM: M. S. KARNIK & NIVEDITA P. MEHTA, JJ. th DATE: 12 DECEMBER 2024 P. C. : 1. Heard Mr Amit Palekar for the applicant and Mr S. Karpe, learned APP for the State. 2. his is an application for suspension of sentence and for enlarging the applicant on bail under Section 430 of Bharatiya Nagarik Suraksha Sanhita (BNSS). he applicant is convicted by Judgment and Order dated 10. 05. 2024 passed by the Additional Sessions Judge, South Goa at Margao th 12 December, 2024 in Sessions Case (Ors. ) No. 30/2018 and sentenced to undergo imprisonment for life and to pay ine of Rs. 10,000/-.
he Order records that the applicant is in custody for a period of ive years and eleven months as of 10. 05. 2024. 3. he case of the prosecution in brief is that on 08. 06. 2018 at about 22. 15 hrs. after closing the shop styled as Sagar Hardware and Ply Centre, the complainant along with his co-employees Bharat, Jagid, Suresh Sutar and Shan Bhati were about to go to their residence. At that time, he saw two persons holding hands of his owner Harish Kumar Solanki and trying to put him inside a car. he complainant and others tried to rescue the owner but the kidnappers led away with the car. After some time the complainant received a call from the phone of his owner and an unknown kidnapper demanded a ransom amount of Rs. 10 lakhs. 4. he prosecution in support of its case examined twenty-nine witnesses. he defence of the applicant was total denial.
he inding of the Trial Court is partly airmative on the point as to whether the prosecution proves that all three accused conspired and abducted the victim at ransom under a threat to kill or hurt. 5. With assistance of the learned counsel for the applicant, we have perused the materials on record. After the abduction, the victim was left at the railway gate and within some time. he accused led away. According th 12 December, 2024 to the learned APP one knife was recovered from the vehicle used for abduction. However, the victim did not sufer any injury nor any ransom was actually paid. 6. he appeal may take some time to be heard inally. he applicant now is in custody for almost six years and six months. In this view of the matter, in the facts and circumstances of the present case, though the application for suspension of sentence and bail is vehemently opposed by Mr S.
Karpe, learned APP appearing for the State, we are inclined to suspend the sentence and release the applicant on bail during the pendency of the appeal. 7. he application is therefore allowed. he sentence of the Trial Court by its Judgment and Order dated 10. 05. 2024 passed in Sessions Case No. 30/2018 is suspended during the pendency of Criminal Appeal and the applicant is enlarged on bail on the following conditions: (i) he applicant to be enlarged on bail on furnishing a personal bail bond in the sum of Rs. 25,000/- with one or two sureties in the like amount to the satisfaction of the Trial Court; (ii) he applicant to report to the Vasco Police Station once in three months on every irst Monday commencing from January 2025; th 12 December, 2024 (iii) he applicant shall hand over a copy of his passport to the Trial Court if he has been issued one.
In case the applicant does not have a passport, an aidavit to be iled to that efect; (iv) he applicant to furnish his contact details such as residential address and telephone numbers to the Trial Court; (v) he applicant shall not leave the country without the leave of this Court. 8. he Criminal Misc. Application is disposed of in the above terms. he parties to act on an authenticated copy of this Order. NIVEDITA P. MEHTA, J. M. S. KARNIK, J. Signed by: SUCHITRA NANDAN SINGBAL Designation: Personal Assistant Page 4 of 4 th Date: 12/12/2024 15:00:22 12 December, 2024
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