Hanmant Yallappa Naikwade And Ors vs The State Of Maharashtra
2021 Latest Caselaw 17073 Bom

            Megha                                            4_ia_2930_2021 in apeal_988 _2021.doc



                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            CRIMINAL APPELLATE JURISDICTION
        Digitally

                           INTERIM APPLICATION NO.2930 OF 2021
        signed by
MEGHA   MEGHA S
        PARAB
S       Date:

                                           IN
PARAB   2021.12.10
        11:52:59
        +0530


                             CRIMINAL APPEAL NO.988 OF 2021

              1) Hanmant Yallappa Naikwade
              2) Prakash Hanmant Naikwade               ...Applicants
              3) Vitthal Bhimsha Naikwade
              4)Khajappa Vitthal Naikwade
              5) Siddhanna Basavraj Dodmani
                           Versus
              The State of Maharashtra                 ...Respondents
                                            ....
            Ms Seema Singh i/b. Mr. H.N. Associates for the Applicants.
            Mr. P.H. Gaikwad, APP for Respondent No.2-State.


                                         CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED: 8th DECEMBER, 2021.

P.C.:-

This an application under Section 389 of the Code of

Criminal Procedure, 1973 for suspension of substantive sentence

imposed vide judgment dated 11/11/2021 passed by the learned

Additional Sessions Judge, Solapur, in Sessions Case No.342 of 2017

and to enlarge the Applicants on bail.

2. By the impugned judgment, the learned Judge held the

Megha 4_ia_2930_2021 in apeal_988 _2021.doc

Applicants guilty of offences punishable under Sections 143, 147 and

307 r/w 149 of the IPC. He has been sentenced to suffer rigorous

imprisonment for seven years and to pay fine of Rs.2000/- i/d. to

undergo further imprisonment for two months for the offences

punishable under Section 307 r/w 149 of the IPC.

3. Heard Mr. Sagar Tambe, learned counsel for the Applicants

and Mr. P.H. Gaikwad, learned APP for Respondent-State. I have

perused the records and considered the submissions advanced by

learned counsel for the respective parties.

4. The sentence imposed is a short term sentence. The appeal

is already admitted. Considering the large pendency of the cases and

the present situation arising due to Covid-19 pandemic, final hearing

of the appeal will take considerable time. It is stated that the

Applicants were on bail pending trial and have not misused the liberty.

5. In view of the above facts and also considering the nature

of accusations against the Applicants, this is a fit case for suspension

Megha 4_ia_2930_2021 in apeal_988 _2021.doc

of substantive sentence pending hearing of the appeal. Hence, the

Application is allowed on following terms and conditions :-

(i) The substantive sentence imposed on the Applicants

vide judgment dated 11/11/2021 in Sessions Case

No.342 of 2017 is suspended pending disposal of the

appeal;

(ii) The Applicants are ordered to be released on bail on

furnishing bail bonds in the sum of Rs.15,000/- each

with one or two sureties each in the like amount;

(iii) The Applicants shall report to the Trial Court, once in

three months on the day/date specified by the Trial

Court, till the appeal is finally disposed of;

(iv) The Applicants shall keep the Trial Court informed of

their current address and mobile contact numbers

and /or change of residence or mobile details, if any,

from time to time;

(v) 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

Megha 4_ia_2930_2021 in apeal_988 _2021.doc

at liberty to file an application seeking cancellation of

bail.

6. The application stands disposed of.

(SMT. ANUJA PRABHUDESSAI, J.)