Sanjay Trymbak Tangade vs The State Of Maharashtra
2021 Latest Caselaw 11274 Bom

                                                                                          11-Ia-1240-2020.doc




                                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                   CRIMINAL APPELLATE JURISDICTION

                                                 INTERIM APPLICATION NO. 1240 OF 2020
                                                                 IN
                                                    CRIMINAL APPEAL NO.397 of 2020

                              Sanjay Trymbak Tangade                                ... Applicant
                                                                                      /Appellant
                                    Versus
                              The State of Maharashtra                              ... Respondent

                                                               .....
                              Mr. Rohan P. Surve i/by Mr. Kadar S. Solanky, Advocate for the
                              Applicant/Appellant.
                              Mr. Y. Y. Dabake, APP for the Respondent - State.
                              Mr. Kirankumar Ashok Kadam, (P.S.I.) Bhayandar Police Station,
                              Present.
                                                              .....

                                                            CORAM        :    PRAKASH D. NAIK, J.
                                                            DATE         :    18th AUGUST, 2021.

                              PER COURT:

                              1.                 This is an application for suspension of sentence and

                              grant of bail during the pendency of Criminal Appeal No.397 of

                              2020 preferred by the applicant challenging the Judgment and

                              order dated 29th February, 2020 passed by the learned Additional

                              Sessions Judge, Thane, convicting the applicant for offences under

                              Sections 498-A and 306 of Indian Penal Code. The applicant has

           Digitally signed
                              been sentenced to undergo rigorous imprisonment for one year and
           by SAJAKALI
SAJAKALI   LIYAKAT
           JAMADAR
LIYAKAT
                              three years respectively for both offences.
           Date:
JAMADAR    2021.08.18
           17:16:01
           +0530




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                                                            11-Ia-1240-2020.doc




2.                 Learned Advocate for the applicant on instructions

submits that pursuant to the Judgment of conviction, the trial Court

had suspended the sentence for a temporary period to enable the

applicant to prefer appeal against the Judgment of conviction. The

applicant was set at liberty. On instructions it is further submitted

that the applicant has surrendered and he has been taken in

custody today. It is submitted that the applicant was on bail during

trial. He has not misused the facility of bail. The applicant has good

case on merits. There are discrepancies in the evidence of the

prosecution. The appeal would not come up for hearing

immediately. Considering the sentence imposed by the trial Court,

the applicant be released on bail by suspending the sentence of

imprisonment.


3.                 Learned APP submitted that, although the applicant

was on bail during trial, now he has been convicted for offences

under Sections 498-A and 306 of Indian Penal Code.


4.                 In the appeal challenging the Judgment of conviction

from the appellant has urged several grounds challenging the

Judgment of conviction. The appellant was on bail during the trial.

It is not reported that the he had misused the facility of bail. The

maximum punishment imposed by the trial Court on conviction is



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                                                                11-Ia-1240-2020.doc




three years imprisonment. The appeal may not come up for hearing

within short span of time. Considering these aspects, the sentence

of imprisonment can be suspended and bail can be granted to the

applicant.


5.                  Hence, I pass the following order:


                                     ORDER

(i) Interim Application No. 1240 of 2020 is allowed;

(ii) Sentence of imprisonment awarded vide Judgment and order dated 29th February, 2020 passed by learned Additional Sessions Judge, Thane in Sessions Case No. 366 of 2018 is suspended and the applicant is directed to be released on bail on executing P.R. Bond in the sum of Rs.25,000/- with one or more sureties in the like amount;

(iii) The applicant shall attend the trial Court once in six months during the pendency of appeal;

(iv) The applicant is permitted to furnish provisional cash bail in the sum of Rs.25,000/- for a period of twelve weeks in lieu of surety.

(v) Interim Application stands disposed of accordingly.

                                                   (PRAKASH D. NAIK, J.)




Sajakali Jamadar                        3 of 3