Bombay High Court
Mangesh Gajanan Mahanawar vs The State Of Maharashtra And Anr on 29 January, 2021
Bench: R.P. Mohite-Dere
10A. IA (ST) 1656-21 in Appeal (ST) 1655-21.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION (ST) NO. 1656 OF 2021
IN
CRIMINAL APPEAL (ST) NO. 1655 OF 2021
Mangesh G. Mahanawar ...Applicant
Versus
State of Maharashtra ...Respondent
Ms. Neha Patil a/w Mr. Ganesh Chavan for the Applicant.
Mr. A.R.Patil, A.P.P for the Respondent-State.
CORAM : REVATI MOHITE DERE, J.
DATE : 29th JANUARY, 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 05/02/2020
passed by the Additional Sessions Judge, Pune in Sessions Case No.635 of
2011 has been convicted and sentenced as under :
- for the offence punishable under Section 363 r/w 34 of the Indian Penal
Code to suffer rigorous imprisonment for one year and to pay fine of
Rs.1000/-, in default, to suffer simple imprisonment for 15 days; and
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10A. IA (ST) 1656-21 in Appeal (ST) 1655-21.doc
- for the offence punishable under Section 366 r/w 34 of the Indian Penal
Code, to suffer simple imprisonment for three years and to pay fine of
Rs.1000/-, in default, to suffer simple imprisonment for one month.
3. The applicant's appeal has been admitted today by a separate
order passed in the aforesaid appeal. It is not in dispute that the applicant
was on bail pending trial and post his conviction, his sentence has been
suspended, enable him to file an appeal. The sentence imposed is a short
term sentences. It is not in dispute that the applicant has not abused or
misused the liberty granted to him and the appeal is not likely to come up
for hearing 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/- (Rupees Twenty Thousand only)
with one or two local sureties in the like amount;
ii) The Applicant shall report to the trial Court, once in
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10A. IA (ST) 1656-21 in Appeal (ST) 1655-21.doc
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.
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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