Kiran Shantaram Gaikwad vs The State Of Maharashtra
2021 Latest Caselaw 17399 Bom

              Megha                                 5_IA_3062_2021 in apeal_1020_2021.doc

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

                              INTERIM APPLICATION NO.3062 OF 2021
        signed by
MEGHA   MEGHA S
        PARAB
S
                                              IN
        Date:
PARAB   2021.12.14
        16:51:04
        +0530

                                CRIMINAL APPEAL NO.1020 OF 2021

               Kiran Shantaram Gaikwad                               ...Applicant
                                   Versus
               The State of Maharashtra                             ...Respondent
                                                ....
              Mr. Niranjan Mundargi i/b. Ms Keral Mehta for the Applicant
              Mr. S.V. Gavand, APP for Respondent-State.


                                            CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED: 14th DECEMBER, 2021.

P.C.:-

This is an application under Section 389 of the Code of

Criminal Procedure, 1973 for suspension of sentence imposed vide

judgment dated 07/12/2021 passed by the learned Sessions Judge,

Greater Bombay in Sessions Case No.435 of 2016 and to release the

Applicant on bail.

2. By the impugned judgment the learned Judge held the

Applicant guilty of offence punishable under Section 304 (II) of the IPC

and sentenced to suffer rigorous imprisonment for a period of five years

and to pay fine of Rs.5,000/- i/d. further rigorous imprisonment for one

Megha 5_IA_3062_2021 in apeal_1020_2021.doc

year.

3. Heard Mr. Niranjan Mundargi, learned counsel for the

Applicant and Mr. S.V. Gavand, 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 is of short term imprisonment. The appeal is

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

situation arising from Covid-19 pandemic, it will not be possible to take

up the appeal for final hearing in the immediate future. Moreover, the

Applicant was on bail pending trial and has not misused the liberty.

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

accusations in my considered view this is a fit case to suspend the

sentence pending hearing of the appeal. Hence, the application is allowed

on following terms and conditions:-

(i) The substantive sentence imposed on the Applicant vide judgment dated 07/12/2021 in Sessions Case No.435 of 2016 is suspended pending disposal of the appeal.

(ii) The Applicant be released on cash bail in the sum of

Megha 5_IA_3062_2021 in apeal_1020_2021.doc

Rs. 15,000/- for a period of six weeks;

(iii) The Applicant shall within the said period of six weeks furnish P.R. Bond in the sum of Rs.15,000/- with one or two sureties in the like amount.

(iv)The Applicant 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.

(v) 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.

(vi) 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 stands disposed of.

(SMT. ANUJA PRABHUDESSAI, J.)