Ganesh Dattatray Lad vs Ashwini Ganesh Lad And Anr
2021 Latest Caselaw 1032 Bom

osk                                                  31-IA-St-8403-2020 in Revn-St-8402-2020.odt



             IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                     CRIMINAL APPELLATE JURISDICTION

              INTERIM APPLICATION (ST.) NO. 8403 OF 2020
                                 IN
         CRIMINAL REVISION APPLICATION (ST.) NO. 8402 OF 2020

Ganesh Dattatray Lad                                      ... Applicant
     V/s.
Ashwini Ganesh Lad & Anr.                                 ... Respondents


Mr.R.B. Paranjape for Applicant.
Mr.Amit Palkar, A.P.P. for Respondent No.2-State.


                                      CORAM : A.S. GADKARI, J.

DATE : 15th January 2021.

P.C. :

Leave to amend to delete word 'conviction' from prayer Clause

(a). Amendment be carried out forthwith.

2. This is an application for suspension of sentence and releasing the

applicant on bail.

3. The applicant was convicted under Section 494 of the Indian

Penal Code and was sentenced to suffer 2 years of rigorous imprisonment and

to pay a total fine of Rs.3,000/- by the learned 6 th Judicial Magistrate, First

Class, Thane in Regular Criminal Case No. 616 of 2009 by its Judgment and

Order dated 4th August 2014.

osk 31-IA-St-8403-2020 in Revn-St-8402-2020.odt

In an appeal preferred by the applicant bearing Criminal Appeal

No. 190 of 2014, the learned Additional Sessions Judge, Thane by its

Judgment and Order dated 9 th March 2020 was pleased to confirm the

conviction. However, commuted the sentence from 2 years of rigorous

imprisonment to 3 months of simple imprisonment by maintaining the fine

amount.

4. Learned counsel for the applicant submitted that, the applicant

has already deposited fine amount in the Registry of the Trial Court. He

further submitted that, during the pendency of the trial so also in appeal, the

applicant was on bail and there is no report of breach of any of the conditions.

The sentence imposed upon the applicant is a short term sentence.

5. The sentence imposed upon the applicant is a short term

sentence. The possibility of hearing the present Revision Application on its

own merits in near future is remote.

In view thereof, I am inclined to suspend the sentence imposed

upon the applicant and release him on bail.

6. Hence, the following Order :-

(i) During the pendency of the present Criminal Revision Application, the substantive sentence imposed upon the applicant is suspended.

(ii) The Applicant be released on bail in Regular Criminal Case No. 616 of 2009 on his furnishing P.R. bond of

osk 31-IA-St-8403-2020 in Revn-St-8402-2020.odt

Rs.10,000/- with one or two local sureties in the like amount.

7. Application is allowed in the aforesaid terms.

[A.S. GADKARI, J.]

Digitally signed by Omkar S.

Kumbhakarn Omkar S.

Date:

Kumbhakarn 2021.01.16 17:32:25 +0530