LAWS(BOM)-2023-6-316

SHIVPRASAD BALGOVIND KESARI Vs. STATE OF MAHARASHTRA

Decided On June 19, 2023
Shivprasad Balgovind Kesari Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) By this interim application, the applicants seek stay of the impugned Judgment and Order dated 7 th December, 2020, passed by the learned Additional Sessions Judge, Borivali Division, Dindoshi, Mumbai, in Sessions Case No. 86 of 2013, only to the extent, that it directs in clause (1) imprisonment for life, which shall mean, ' till the end of his natural life', and clause (7) of para 79. The part (in bold) of the said clause (1) of para 79 of which stay is sought, reads thus;

(2.) Clause (7) of the impugned order of which, stay is sought, reads thus;

(3.) Learned Counsel for the applicants submits that the said direction given by the Trial Court is contrary to the Judgment of the Apex Court. In support of his submission, Learned Counsel relied on the Judgments of the Apex Court in the case of Vikas Chaudhary V/s. The State of Delhi,2023 SCC OnLine SC 472. as well as the Constitution Bench of the Apex Court in the case of Union of India V/s. Sriharan @ Murugan,(2016) 7 SCC 1.