Bombay High Court
Santosh Balkrushna Kadam And Ors vs The State Of Maharashtra on 23 April, 2021
Bench: R.P. Mohite-Dere
16a. IA 1286-21 in APEAL 385-2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 1286 OF 2021
IN
CRIMINAL APPEAL NO. 385 OF 2021
1. Santosh Balkrushna Kadam
2. Dinesh Balkrushna Kadam
3. Sunil Balkrushna Kadam ...Applicants
Versus
State of Maharashtra ...Respondent
Mr. Kushal Mor 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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16a. IA 1286-21 in APEAL 385-2021.doc
3. The applicants, vide judgment and order dated 03/03/2021
passed by the learned Additional Sessions Judge, Thane in Sessions Case
No.211 of 2017, have been convicted and sentenced as under:-
- for the offence punishable under Section 353 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 1 month;
- for the offence punishable under Section 332 r/w 34 of the
Indian Penal Code, to suffer rigorous imprisonment for 2 years and to
pay fine of Rs.2,000/- each, in default, to undergo further simple
imprisonment for 2 months;
- for the offence punishable under Section 3 of the Prevention of
Damage to Public Property Act, 1984, to suffer rigorous
imprisonment for 1 year and to pay fine of Rs.2,000/- each, in
default, to undergo further simple imprisonment for 2 months;
All the substantive sentences were directed to run concurrently.
The applicants were, however acquitted of the offences
punishable under Sections 333, 504, 506(ii) r/w 34 of the Indian Penal
Code.
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4. It is not in dispute that the applicants were on bail, pending
trial and that even post their conviction, their sentences have been
suspended by the Trial Court. The applicants whilst on bail, have not
abused or misused their liberty. The appeal has been admitted by a separate
order passed today, in the aforesaid appeal. The sentence 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 enlarged on bail on furnishing P.R. Bond in
the sum of Rs.20,000/- each with one or two sureties in the like amount;
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;
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16a. IA 1286-21 in APEAL 385-2021.doc
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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