Durairaj Selvan Nadar vs The State Of Maharashtra
2021 Latest Caselaw 12223 Bom

                           Megha                              25_IA_2112_2021.doc

                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          CRIMINAL APPELLATE JURISDICTION

MEGHA
S
        Digitally signed
        by MEGHA S
        PARAB                            INTERIM APPLICATION NO.2112 OF 2021
                                                         IN
        Date:
        2021.09.01
PARAB   14:28:09
        +0530




                                           CRIMINAL APPEAL NO.702 OF 2021

                           Durairaj Selvan Nadar                            ...Applicant
                                          Versus
                           The State of Maharashtra                        ...Respondent
                                                              ....
                           Mr. Shailesh H. Kantharia for the Applicant.
                           Mr. S.V. Gavand, APP for the Respondent-State.


                                                       CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED: 31st AUGUST, 2021.

P.C.:-

This is an application under Section 389 of the Code of

Criminal Procedure, 1973 for suspension of substantive order of

sentence imposed by judgment dated 06/03/2020 passed by learned

Additional Sessions Judge, City Civil and Sessions Court, Borivali

Division, Dindoshi, Goregaon, Mumbai in Sessions Case No.444 of 2007

and to enlarge the Applicant on bail.

2. Heard the learned counsel for the Applicant and the learned

APP for the Respondent-State. I have perused the records and

considered the submissions advanced by the learned counsel for the

respective parties.

Megha 25_IA_2112_2021.doc

3. The Applicant herein was prosecuted for ofence under

Sections 307 and 326 of the IPC. It was the case of the prosecution that

on 10/03/2007, the Applicant and the co-accused had assaulted one

Pulugopandy @ Pandy Sanyasi Nadar in an attempt to commit his

murder. Upon considering the evidence on record the learned Judge

has acquitted the Applicant of ofence under Sections 307 and 326 r/w

34 of the IPC and convicted him for ofence under Section 324 r/w. 34 of

the IPC and sentenced to sufer rigorous imprisonment for three years

and fne of Rs.5000/- i/d to undergo imprisonment for six months. It is

stated that the Applicant was arrested on 10/03/2007 and was in

custody for a period of 9 months. The learned Judge has given beneft

of set of under Section 428 of the Code of Criminal Procedure, 1973. It

is seen that the sentence imposed is a short term sentence of

imprisonment. The appeal is already admitted. There are number of

old appeals pending before this Court and considering the present

situation arising due to Covid-19 pandemic, it may not be possible to

take up this appeal for hearing in immediate future.

4. Considering the above fact so also considering the nature of

accusation against the Applicant, in my considered view this is a ft case

to suspend the substantive order of sentence pending disposal of the

Megha 25_IA_2112_2021.doc

appeal. Hence, the application is allowed on following terms and

conditions:-

(i) The Applicant is ordered to be released on bail on

furnishing PR bonds in the sum of Rs.10,000/- with

one or two sureties in the like amount.

(ii)The Applicant shall report to the Trial Court, once in

three months on the day/date specifed by the Trial

Court, till the appeal is fnally 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 fle an application seeking

cancellation of bail.

5. The application stands disposed of.

(SMT. ANUJA PRABHUDESSAI, J.)