Bombay High Court
Sibi Ippan Jacob vs The State Of Maharashtra on 1 February, 2021
Bench: R.P. Mohite-Dere
Nisha S. Digitally signed by
Nisha S. Chitnis
Chitnis Date: 2021.02.04
11:12:56 +0530
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nsc.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL INTERIM APPLICATION NO.249 OF 2021
IN
CRIMINAL APPEAL NO.83 OF 2021
Sibi Ippan Jacob ...Applicant
IN THE MATTER BETWEEN:
Sibi Ippan Jacob ...Appellant
Versus
The State of Maharashtra ...Respondent
Mr. Avinash H. Fatangare, for the Applicant/Appellant.
Mr. A. R. Patil, A.P.P for the Respondent - State.
CORAM : REVATI MOHITE DERE, J.
DATE : 1st FEBRUARY, 2021
P.C. :
1. Heard learned counsel for the parties.
2. By this application, the applicant seeks suspension of his
sentence and enlargement on bail, pending the hearing and final disposal
of the appeal.
3. The applicant vide Judgment and Order dated 11 th January
2021, passed by learned Additional Sessions Judge, Thane, in Sessions
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Case No.528 of 2014, has been convicted and sentenced as under:-
- for the offence punishable under Section 306 of the Indian Penal
Code to suffer rigorous imprisonment for 3 years and to pay fine of
Rs.50,000/- in default to undergo further rigorous imprisonment for 6
months.
4. Perused the papers. A perusal of the impugned judgment shows
that the learned Judge has also relied on the 161 statements of witnesses in
coming to the conclusion that the applicant has committed the aforesaid
offences, without examining the said witnesses. The statements relied upon
are statements recorded under Section 161 of Code of Criminal Procedure.
The same is evident from paras 27 and 28 of the impugned judgment. The
approach of the learned Judge is contrary to the legal provisions. The
applicant was bail pending trial and it is not in dispute that whilst on bail,
the applicant has not abused or misused the liberty granted to him. The
Appeal has been admitted by a separate order passed today and the same is
not likely to come up for the hearing in the immediate near future. The
sentence awarded is a short term sentence. The applicant has deposited the
fine amount as imposed vide Judgment and Order dated 11 th January 2021.
The applicant's sentence was also suspended post his conviction.
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5. Considering the aforesaid, the application is allowed and the
applicant's sentence is suspended and he is enlarged on bail, pending the
hearing and final disposal of his Appeal, on the following terms and
conditions :-
ORDER
i) The applicant be enlarged on bail on furnishing P.R. Bond in
the sum of Rs.25,000/- 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 specified by the trial Court, till his Appeal is finally
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 file an application seeking cancellation
of bail.
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6. The Application is allowed in the aforesaid terms and is
accordingly disposed of.
7. All concerned to act on the authenticated copy of this order.
REVATI MOHITE DERE, J.
