Bombay High Court
Mallaya @ Sachin Basayya Swami And ... vs The State Of Maharashtra on 23 April, 2021
Bench: R.P. Mohite-Dere
14a. IA 1261-21 in APEAL 371-2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 1261 OF 2021
IN
CRIMINAL APPEAL NO. 371 OF 2021
1. Mallaya @ Sachin Basayya Swami
2. Sachin Maharudra Badure
3. Ramesh Apasha Bhimnavaru
4. Mallikarjun @ Mallu Shivshankar Badure ...Applicants.
Versus
State of Maharashtra and Anr. ...Respondents
Advocate Priyal G. Sarda for the Applicants.
Mr. S.V.Gavand, A.P.P for the Respondent-State.
CORAM : REVATI MOHITE DERE, J.
DATE : 23rd APRIL, 2021
(Through Video Conferencing)
P.C. :
1. Heard learned Counsel for the parties.
2. By this application, the applicants seek suspension of their
sentence and enlargement on bail, pending the hearing and final disposal of
their appeal.
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14a. IA 1261-21 in APEAL 371-2021.doc
3. The applicants, vide judgment and order dated 01/04/2021
passed by the learned Additional Sessions Judge, Solapur in Sessions Case
No.197 of 2018, have been convicted and sentenced as under:-
- for the offence punishable under Section 436 r/w 34 of the
Indian Penal Code, to suffer rigorous imprisonment for 5 years
and to pay fine of Rs.25,000/- each, in default to undergo further
simple imprisonment for 5 months;
- for the offence punishable under Section 384 r/w 34 of the
Indian Penal Code, to suffer rigorous imprisonment for 6 months and
to pay fine of Rs.1,000/- each, in default, to undergo further simple
imprisonment for 15 days;
- for the offence punishable under Section 427 r/w 34 of the
Indian Penal Code, to suffer rigorous imprisonment for 6 months and
to pay fine of Rs.1,000/- each, in default, to undergo further simple
imprisonment for 15 days;
- for the offence punishable under Section 504 r/w 34 of the
Indian Penal Code, to suffer rigorous imprisonment for 6 months and
to pay fine of Rs.1,000/- each, in default, to undergo further simple
imprisonment for 15 days;
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All the substantive sentences were directed to run concurrently.
4. It is not in dispute that all the applicants were on bail, pending
trial and that they have not abused or misused their liberty. The appeal has
been admitted by a separate order passed today, in the aforesaid appeal.
The sentence imposed is a short term sentence and the appeal is not likely
to be heard in the immediate near future. Even otherwise, arguable
questions have been raised by the learned Counsel for the applicants.
5. Considering the aforesaid, the application is 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 released on cash bail in the sum of
Rs.20,000/- each, for a period of eight weeks;
ii) The applicant shall within the said period of eight weeks,
furnish P.R. Bond in the sum of Rs.20,000/- each, with one or two sureties
in the like amount;
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14a. IA 1261-21 in APEAL 371-2021.doc
ii) The applicants shall report to the trial Court, once in six
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 addresses and mobile contact numbers 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.
6. The application is accordingly disposed of.
7. All concerned to act on the authenticated copy of this order.
REVATI MOHITE DERE, J.
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