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2019 DIGILAW 1476 (SC)

MANOJ v. STATE OF MAHARASHTRA

2019-06-14

AJAY RASTOGI, SURYA KANT

body2019
ORDER 1. These Special Leave Petitions have been filed by the petitioner assailing the order dated 03.04.2019 passed by the High Court rejecting his application for suspension of sentence in pending appeal on merits and a separate application thereafter filed by the petitioner seeking interim bail before the High Court assigning medical reasons in its subsequent order dated 10.06.2019. 2. Heard learned counsel for the parties. 3. Learned counsel for the petitioner submits that in an application for suspension of sentence, the High Court assign various reasons and that may prejudice his rights at the stage when substantive appeal is being heard on merits. At least, what being observed by the High Court in its order dated 03.04.2019 may not come in his way when the substantive appeal is being heard on merits. 4. We too find substance in what being prayed for and consider appropriate to clarify that the observations which has been made by the High Court under its order dated 03.04.2019 are only for the purpose of disposal of application for suspension of sentence filed by accused petitioner and that shall not prejudice the rights of either party while the substantive appeal is heard on merits. 5. Subsequently, the petitioner filed an application for seeking interim bail on medical grounds. After we have heard learned counsel for the parties and consider it appropriate to observe that let the petitioner be granted interim bail for two months for taking treatment in the Life Line Jupiter Hospital, Thane on such terms and conditions as may be imposed by the Trial Court. The bail bonds are to be furnished to the satisfaction of the Trial Court. The petitioner shall surrender before the Addl. Senior Jailor Gr. 1, Yerwada Central Prison, Pune - 411 006 on or before 02.09.2019. If the petitioner fails to surrender, the respondent-State is at liberty to take action in accordance with law. 6. The petitioner is at liberty to file appropriate application in this Court for the purpose of extension looking to his medical condition, if needed. 7. The Special Leave Petitions are disposed of in the above terms. 8. Pending applications, if any, stand disposed of.