Citation : 2021 Latest Caselaw 6705 Bom
Judgement Date : 26 April, 2021
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 1307 OF 2021
IN
CRIMINAL REVISION APPLICATION NO. 120 OF 2021
Sandip Sopan Pawar ... Applicant
V/s.
The State of Maharashtra ... Respondent
Mr.Suresh M. Sabrad i/b. Ms.Neha Parte for Applicant.
Mr.Sooraj S. Hulke, A.P.P. for Respondent-State.
CORAM : A.S. GADKARI, J.
DATE : 26th April 2021.
(Through Video Conferencing)
P.C. :
This is an application for suspension of sentence and releasing the
Applicant on bail.
2. The Applicant, Original accused No.2 has been convicted under
Sections 452, 326, 323 read with 34 of the Indian Penal Code and has been
directed to suffer maximum rigorous imprisonment for 2 years and to pay a
total fine of Rs.20,500/-, in default of payment of fine to further suffer
prescribed rigorous imprisonment by the learned Judicial Magistrate First
class, Medha in R.C.C. No. 38 of 2009 by its Judgment and Order dated 26 th
October 2015.
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Criminal Appeal No. 99 of 2015 preferred by the Applicant has
been dismissed by the learned Additional Sessions Judge, Satara by its
Judgment and Order dated 31st March 2021.
3. Mr.Sabrad, learned Advocate for the Applicant, on instructions,
submitted that, the Applicant was on bail during the pendancy of the trial so
also in appeal and there is no report of breach of any of the conditions. He
further on instructions submitted that, the Applicant has already deposited
entire fine amount in the Registry of the Trial Court.
4. The sentence imposed upon the Applicant is a short term
sentence. Possibility of hearing the present Revision Application on its own
merits in near future is remote. In view thereof, the sentence imposed upon
the Applicant can be suspended and he can be released on bail.
5. Hence, following order :-
(i) During the pendency of the present Revision Application, the substantive sentence imposed upon the Applicant is suspended.
(ii) Applicant be released on bail in R.C.C. No. 38 of 2009 on his furnishing P.R. bond of Rs.10,000/- with one or two local sureties in the like amount.
(iii) During the pendency of the present Revision Application, initially for a period of one year, the Applicant shall attend Medha Police Station, Taluka Javali, District Satara on every first Monday of the
Osk 11-IA-1307-2021.odt
month between 10:00 am and 12:00 noon.
After end of one year, the Applicant shall attend Medha Police Station on every first Monday of every 3rd Month between 10:00 am and 12:00 noon. The Applicant thus shall attend Medha Police Station 4 times in a year.
6. Application is allowed in the aforesaid terms.
[A.S. GADKARI, J.]
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