Rajesh Dnyandeo Thite vs The State Of Maharashtra
2021 Latest Caselaw 9433 Bom

Megha                                        9_IA_1798_2021.doc


               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CRIMINAL APPELLATE JURISDICTION

                       INTERIM APPLICATION NO.1798 OF 2021
                                       IN
                         CRIMINAL APPEAL NO.567 OF 2021

Rajesh Dnyandeo Thite                                    ...Applicant
                      Versus
The State of Maharashtra                                ...Respondent
                                  ....
Mr. Ritesh Thobde for the Applicant.
Mr. P.h. Gaikwad, APP for the Respondent-State.


                                        CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED: 17th JULY, 2021.

P.C.:-

This is an application under Section 389 of the Code of

Criminal Procedure, 1973 for suspension of substantive order of

sentence imposed by judgment dated 01/07/2021 passed by learned

Additional Sessions Judge, Solapur in Sessions Case No.16 of 2018 and

to enlarge the Applicant on bail.

2. By the impugned judgment the Applicant has been convicted

for ofences punishable under Section 498A of the Indian Penal Code

and sentenced to sufer rigorous imprisonment for three years and to

pay fne of Rs.1,000/- i/d to sufer rigorous imprisonment for three

Megha 9_IA_1798_2021.doc

months. He has also been convicted for the ofence punishable under

Section 306 of the IPC and sentenced to sufer rigorous imprisonment

for fve years and to pay fne of Rs.1,000/- i/d. to sufer rigorous

imprisonment for three months.

3. The sentence imposed is a short term sentence. Considering

the pendency and the present situation arising due to Covid-19

pandemic, fnal hearing of the appeal will take considerable time.

Moreover, the Applicant was on bail, pending trial and has not misused

the liberty.

4. Considering the aforesaid circumstances, the substantive

order of sentence is suspended pending fnal disposal of the appeal and

the Applicant is released on bail on following terms and conditions:-

(i) The Applicant is ordered to be released on bail on

furnishing bail bonds of Rs.20,000/- with one surety in the

like amount to the satisfaction of the Trial Court.

(ii) The Applicant shall report to the Trial Court, once in six

months on the day/date specifed by the Trial Court, till the

appeal is fnally disposed of.

(iii) The Applicant shall keep the Trial Court informed of his

Megha 9_IA_1798_2021.doc

current address and mobile contact numbers 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

fle an application seeking cancellation of bail.

5. The application stands disposed of in above terms.

(SMT. ANUJA PRABHUDESSAI, J.)