Bombay High Court
Sagar Balaso @ Balasaheb Bhosale vs The State Of Maharashtra on 24 February, 2021
Bench: R.P. Mohite-Dere
Nisha S. Digitally signed by
Nisha S. Chitnis
Chitnis Date: 2021.02.25
12:17:36 +0530
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nsc.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL INTERIM APPLICATION NO.450 OF 2021
IN
CRIMINAL APPEAL NO.126 OF 2021
Sagar Balaso @ Balasaheb Bhosale ...Applicant
Versus
State of Maharashtra ...Respondent
Mr. Ashish P. Pawar a/w Mr. Amit Icham, for the Applicant.
Mr. S. V. Gavand, A.P.P for the Respondent - State.
CORAM : REVATI MOHITE DERE, J.
DATE : 24th 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 4 th January
2021, passed by learned Additional Sessions Judge, Sangli in Sessions
Case No.140 of 2019, has been convicted and sentenced as under:-
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- for the offence punishable under Section 332 of the Indian Penal
Code to suffer rigorous imprisonment for 6 months and to pay fine of
Rs.500/- in default, to suffer further rigorous imprisonment for 1 month;
- Although the applicant was also convicted for the offences
punishable under Sections 353 and 323 of the Indian Penal Code, no
separate sentence has been awarded;
- for the offence punishable under Section 504 of the Indian Penal
Code to suffer rigorous imprisonment for 6 months and to pay fine of
Rs.500/- in default, to suffer further rigorous imprisonment for 1 month.
The aforesaid sentences were directed to run concurrently.
4. Perused the papers. It is not in dispute that the applicant was
on bail pending trial and post his conviction and has not misused or abused
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.
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 :-
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ORDER
i) The applicant be enlarged on bail on furnishing P.R. Bond in
the sum of Rs.15,000/- with one or two sureties in the like amount;
ii) The Applicant shall report to the trial Court, once in four
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.
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.
