Bombay High Court
Prashant Devram Khopade vs The State Of Maharashtra on 18 February, 2021
Bench: R.P. Mohite-Dere
Digitally
signed by
Shagufta
Shagufta Q. Pathan
Q. 22-ia-238-2021.doc
Date:
Pathan 2021.02.24
17:59:42
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL INTERIM APPLICATION NO. 238 OF 2021
Prashant Devram Khopade ...Applicant
Versus
The State of Maharashtra ...Respondent
Mr. Sanjay Gaikwad for the Applicant
Mr. P. H. Gaikwad-Patil, A.P.P for the Respondent-State
CORAM : REVATI MOHITE DERE, J.
THURSDAY, 18th 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 his appeal.
3 The applicant along with co-accused, vide judgment and order
dated 4th December 2020 passed by the learned Additional Sessions Judge,
SQ Pathan 1/5
22-ia-238-2021.doc
Thane, in Sessions Case No.159 of 2015, has been convicted and
sentenced as under:-
- for the offence punishable under Section 148 of the Indian
Penal Code to suffer rigorous imprisonment for 1 year and to pay fine
of Rs.1,000/-, in default, to undergo further simple imprisonment for
1 month;
- for the offence punishable under Section 307 r/w 149 of the
Indian Penal Code to suffer rigorous imprisonment for 7 years and to
pay fine of Rs.7,000/-, in default, to undergo further simple
imprisonment for 3 months;
- for the offence punishable under Section 25(1-A) of the Arms
Act, to suffer rigorous imprisonment for 5 years and to pay fine of
Rs.5,000/-, in default, to undergo further simple imprisonment for 3
months;
The applicant was acquitted for the offence punishable under
Section 37(1) r/w Section 135 of the Maharashtra Police Act.
All the substantive sentences were to run concurrently.
SQ Pathan 2/5
22-ia-238-2021.doc
4 Perused the papers. It appears that the applicant was on bail,
pending trial and that he has not abused or misused the liberty granted to
him. A perusal of the injuries sustained by Sunil Kandbhar (PW 1-injured)
reveals that he had sustained (i) Laceration (Incised Laceration) at lower
back left, size 15 cm length linear; (ii) CLW on left deltoid region, size 1
cm x 1 cm x 1 cm; (iii) CLW on left forearm exterior aspect, size 4 cm
linear.
5 Learned counsel for the applicant submits that all the injuries
are simple in nature and that no offence under Section 307 of the Indian
Penal Code is disclosed qua the applicant. He submits that the applicant is
not the person who is alleged to have assaulted the injured i.e. PW-1.
6 Be that as it may, the appeal has been admitted on 12 th
February 2021. The sentence awarded is a short term sentence. It is not in
dispute that the applicant was on bail. The appeal is not likely to be heard
in near future.
7 Considering the aforesaid, the application is allowed and the
SQ Pathan 3/5
22-ia-238-2021.doc
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/- 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.
SQ Pathan 4/5
22-ia-238-2021.doc
8 The application is accordingly disposed of.
9 All concerned to act on the authenticated copy of this order.
REVATI MOHITE DERE, J.
SQ Pathan 5/5
