Bombay High Court
Bharatkumar Dayalal Malde vs The State Of Maharashtra on 2 February, 2021
Bench: R.P. Mohite-Dere
6.IA 307-21 in Apeal 91-21.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 307 OF 2021
IN
CRIMINAL APPEAL NO. 91 OF 2021
Bharatkumar Dayalal Malde ...Applicant
Versus
The State of Maharashtra ...Respondent
Mr. Harshad Palwe i/b Mr. A. R. Shaikh, Advocate for the Applicant.
Mr. A. R. Patil, A.P.P for the Respondent-State
CORAM : REVATI MOHITE DERE, J.
TUESDAY , 2ND FEBRUARY 2021
P.C. :
1. By this application, the applicant seeks suspension of his sentence
and enlargement on bail pending the hearing and final disposal of the
aforesaid appeal.
2 The applicant vide judgment and order dated 12th January 2021
passed by the Learned District Judge-6 and Additional Sessions Judge,
Thane, in Special Case M. S. E. B. No. 06/2010 has been convicted and
sentenced as under;
-for the offence punishable under Sections 135 and 138 of Electricity
Act, 2003, to suffer rigorous imprisonment for two years and to pay fine of
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6.IA 307-21 in Apeal 91-21.doc
Rs. 23,00,000/-, in default of payment of fine, to suffer simple
imprisonment for one year.
3. It is not in dispute that the applicant was on bail pending trial and
post his conviction, his sentence was suspended to enable him to file an
appeal. The sentence awarded is a short term sentence. It is also not in
dispute that the appellant has not misused the liberty granted to him. The
appeal has been admitted today by a separate order passed in the aforesaid
appeal. The same is not likely to be heard in the immediate near future.
4. 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.20,000/- (Rs. Twenty Thousands Only) with one or two local
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;
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6.IA 307-21 in Apeal 91-21.doc
iii) The Applicant shall deposit 50% of the fine amount in the trial court,
within eight weeks from today.
iv) 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;
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 at liberty to file an application seeking cancellation
of bail.
5. The Application is allowed in the aforesaid terms and is accordingly
disposed of.
6. All concerned to act on the authenticated copy of this order.
REVATI MOHITE DERE, J.
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