Dhanaji Mahadeo Mahanawar vs The State Of Maharashtra
2021 Latest Caselaw 454 Bom

Citation : 2021 Latest Caselaw 454 Bom
Judgement Date : 8 January, 2021

Bombay High Court

Dhanaji Mahadeo Mahanawar vs The State Of Maharashtra on 8 January, 2021

Bench: A.S. Gadkari

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             IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                     CRIMINAL APPELLATE JURISDICTION

                     INTERIM APPLICATION NO. 37 OF 2021
                                     IN
                       CRIMINAL APPEAL NO. 08 OF 2021

Dhanaji Mahadeo Mahanawar                         ... Applicant/Appellant
      V/s.
The State of Maharashtra                          ... Respondent


Mr.Rupesh Zade for Applicant/Appellant.
Mr.Amit Palkar, A.P.P. for Respondent-State.


                                      CORAM : A.S. GADKARI, J.

DATE : 8th January 2021.

P.C. :

This is an application for suspension of sentence and releasing the

applicant on bail.

2. Heard Mr.Zade, learned counsel for the applicant and Mr.Palkar,

learned A.P.P. for the respondent-State.

3. The applicant is convicted under Section 363, 366 read with

Section 34 of the Indian Penal Code and is sentenced to suffer maximum

rigorous imprisonment of 3 years and to pay a total fine of Rs.2,000/- by the

learned Additional Sessions Judge, Pune in Special Case No. 635 of 2011 by

its Judgment and Order dated 5th December 2020.

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

was on bail during trial and there is no report of breach of any of the

conditions of the bail Order. He further submitted that, the applicant has

already deposited the entire fine amount in the Registry of the Trial Court and

an endorsement to that effect below the Operative Order is made by the Nazir

of the District Court, Pune.

5. In view of the above and after taking into consideration the fact

that, the sentence imposed upon the applicant is a short term sentence and

the possibility of hearing the present Appeal on its own merits in near future

is remote, the sentence imposed upon the applicant can be suspended and he

can be released on bail.

6. Hence, the following Order :-

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

(ii) The Applicant be released on bail in Special Case No. 635 of 2011 on his furnishing P.R. bond of Rs.15,000/- with one or two local sureties in the like amount.

(iii) After his release from Jail and during the pendency of the present Appeal, initially for a period of one year the applicant shall attend Jejuri Police Station on every first Monday of the month between 10:00 am and 12:00 noon to mark his presence.

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After end of one year, the applicant shall attend Jejuri Police Station on every first Monday of every 3 rd Month between 10:00 am and 12:00 noon. The applicant thus shall attend Jejuri Police Station 4 times in a year during the pendency of the present Appeal.

(iv) If the applicant commits two consecutive defaults in complying with condition No.(iii) above, in that event, the prosecution will be at liberty to file an application for cancellation of bail.