Cri.Appln. No.1153/2023
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO.1153 OF 2023 IN
CRIMINAL APPEAL NO.1049 OF 2019
Dipak Machindra Pise ... APPLICANT
VERSUS
The State of Maharashtra ... RESPONDENT
.......
Mr. S.R. Wakale, Advocate for applicant
Mr. A.S. Shinde, A.P.P. for respondent, assisted by
Mr. P.M. Salunke, Advocate holding for
Mr. A.D. Ostwal, Advocate for intervener
.......
CORAM : R.G. AVACHAT, J.
DATE : 3rd APRIL, 2023
PER COURT :
Heard. The applicant has been convicted for the
offences punishable under Sections 307, 324, 504 and 506 read
with Section 34 of the Indian Penal Code and Section 4/25 of
the Arms Act. The maximum sentence of imprisonment
imposed upon the applicant is 10 years and fine with default
stipulation. This is an application for suspension of sentence of
imprisonment pending the appeal. The present one is his third
such application since the earlier two have been rejected. The
last one was withdrawn in February 2019, necessarily after the
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Cri.Appln. No.1153/2023
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Court expressed disinclination to grant the relief.
2. By now, the applicant is behind the bars for little
over four years as against the sentence of ten years
imprisonment. The applicant is Veterinary Doctor. He was
doing private practice. Although the appeal is of the year 2019,
the learned A.P.P. and learned Advocate for the intervener urged
for hearing of the appeal on merits instead of granting the
application. The fact is, however, that, the applicant is in jail
about half of the term of the imprisonment he is supposed to
undergo. The record indicates that there was a counter case.
The husband of the informant has also been convicted for the
offence punishable under Section 323 of the Indian Penal Code.
His appeal is also pending.
3. Considering the fact that the applicant is behind the
bars close to half of the term of imprisonment he is supposed to
undergo, the Courtis inclined to allow the application. Hence
the order :
ORDER
(i) The application is allowed.
(ii) Pending the appeal, the execution of substantive
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sentences of imprisonment imposed upon the applicant by learned Additional Sessions Judge, Ahmednagar by judgment and order dated 6/12/2016 in Sessions Case No.331/2011 to stand suspended and the applicant be released on bail on his executing P.R. bond in the sum of Rs.15,000/- (Rupees fifteen thousand) with one surety in the like amount.
(iii) The applicant shall not enter the village of the informant for next twelve (12) months.
(iv) The applicant shall mark his attendance at the concerned police station once a month i.e. on first Sunday of every month between 12.00 noon to 1.00 p.m. (R.G. AVACHAT, J.) fmp/-
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