Sayaji Shivaji Kale vs The State Of Maharashtra
2021 Latest Caselaw 6672 Bom

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nsc.
                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       CRIMINAL APPELLATE JURISDICTION

                 CRIMINAL INTERIM APPLICATION NO.1241 OF 2021
                                     IN
                       CRIMINAL APPEAL NO. 360 OF 2021

       Sayaji Shivaji Kale                                   ...Applicant
           Versus
       The State of Maharashtra                              ...Respondent
       Mr. Vaibhav R. Gaikwad, for the Applicant.

       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 applicant seeks suspension of his

       sentence and enlargement on bail, pending the hearing and final disposal

       of the aforesaid appeal.



       3.             The applicant      vide Judgment and Order dated 20 th March

       2021, passed by learned Additional Sessions Judge, Sangli, in Sessions




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 Case No. 99 of 2016, has been convicted and sentenced as under:-

 -          for the offence punishable under Section 411 of the Indian Penal

 Code,         to suffer rigorous imprisonment for 1 year and to pay fine of

 Rs.1,000/- in default, to suffer simple imprisonment for 1 month.


4.                   It is not in dispute that the applicant was on bail pending trial

and even post his conviction, his sentence has been suspended. It is also not

in dispute that whilst on bail, the applicant has not abused or misused the

liberty granted to him. The Appeal has been admitted by a separate order

passed today. The sentence awarded is a short term sentence and as such

the appeal is not likely to come up for the hearing in the immediate near

future.


 5.                 Accordingly, the application is allowed and the applicant's

 sentence is suspended and he is enlarged on bail, pending the hearing and

 final disposal of his Appeal, on the following terms and conditions :-



                                            ORDER

i) The Applicant be enlarged on bail on furnishing P.R. Bond in

the sum of Rs.15,000/- with one or two sureties in the like amount;

ii)                 The Applicant shall report to the trial Court, once in six





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months on the day/date specified by the trial Court, till his Appeal is finally

disposed of;

iii) The Applicant shall keep the trial Court informed of his

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.

6. The Application is allowed in the aforesaid terms and is

accordingly disposed of.

7. All concerned to act on the authenticated copy of this order.

REVATI MOHITE DERE, J.