Bombay High Court
Prashant Bhagwantrao Pokale And ... vs The State Of Maharashtra on 5 April, 2021
Bench: R.P. Mohite-Dere
1/4 16-ia.1080-81.2021.doc
nsc.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL INTERIM APPLICATION NO.1080 OF 2021
(FOR SUSPENSION)
WITH
CRIMINAL INTERIM APPLICATION NO.1081 OF 2021
(FOR BAIL)
IN
CRIMINAL APPEAL NO. 294 OF 2021
1. Prashant Bhagwantrao Pokale
2. Ritesh Suresh Jadhav
3. Rahul Ashok Kuche ...Applicants
Versus
State of Maharashtra ...Respondent
Mr. Yuvraj P. Narvankar, for the Applicants.
Ms. S. V. Sonawane, A.P.P for the Respondent - State.
CORAM : REVATI MOHITE DERE, J.
DATE : 5th APRIL, 2021
P.C. :
1. Heard learned counsel for the parties.
2. By these applications, the applicants seek suspension of their
sentence and enlargement on bail, pending the hearing and final disposal
of their appeal.
::: Uploaded on - 06/04/2021 ::: Downloaded on - 05/09/2021 07:26:03 :::
2/4 16-ia.1080-81.2021.doc
3. The Applicants vide Judgment and Order dated 23rd February
2021, passed by learned Assistant Sessions Judge, Pune, in Session Case
No.455 of 2019, have been convicted and sentenced as under:-
- for the offences punishable under Section 332 r/w Section 34 of the
Indian Penal Code to suffer rigorous imprisonment for 3 months and to
pay fine of Rs.2,000/-, in default, to suffer simple imprisonment for 1
month;
- for the offences punishable under Section 353 r/w Section 34 of the
Indian Penal Code to suffer rigorous imprisonment for 3 months and to
pay fine of Rs.2,000/-, in default, to suffer simple imprisonment for 1
month;
- for the offence punishable under Section 186 r/w Section 34 of the
Indian Penal Code to suffer rigorous imprisonment for 1 month and to pay
fine of Rs.1,000/-, in default, to suffer simple imprisonment for 15 days.
4. It appears that the applicants were on bail pending trial and
even post their conviction their sentence has been suspended. The Appeal
has been admitted by a separate order passed today and the same is not
likely to come up for the hearing in the immediate near future. The
sentence awarded is a short term sentence.
::: Uploaded on - 06/04/2021 ::: Downloaded on - 05/09/2021 07:26:03 :::
3/4 16-ia.1080-81.2021.doc
5. Considering the aforesaid, the applications are allowed and the
applicants sentence is suspended and they are enlarged on bail, pending the
hearing and final disposal of their Appeal, on the following terms and
conditions :
ORDER
i) The Applicants be enlarged on bail on furnishing P.R. Bond
in the sum of Rs.15,000/- each with one or two sureties in the like amount;
ii) The Applicants shall report to the trial Court, once in four
months on the day/date specified by the trial Court, till their Appeal is
finally disposed of;
iii) The Applicants shall keep the trial Court informed of their
current address and mobile contact number and/or change of residence or
mobile details, if any, from time to time;
iv) If there are two consecutive defaults in appearing before the
trial Court, the learned Judge shall make a report to the High Court and the
prosecution would be at liberty to file an application seeking cancellation
of bail.
4/4 16-ia.1080-81.2021.doc
6. The Applications are allowed in the aforesaid terms and are
accordingly disposed of.
7. All concerned to act on the authenticated copy of this order.
REVATI MOHITE DERE, J.
