Bombay High Court
Prabhas Prafulla Jana vs The State Of Maharashtra on 9 June, 2021
Bench: A.S. Gadkari
Tauseef 08.1-IA.1514.2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL INTERIM APPLICATION NO.1514 OF 2021
IN
CRIMINAL REVISION APPLICATION NO.128 OF 2021
Prabhas Prafulla Jana ...Applicant
V/s.
The State of Maharashtra & Anr. ...Respondents
Mr. Aashish Satpute, Advocate for Applicant.
Mr. A. R. Patil, APP for Respondent No.1 (State).
CORAM : A. S. GADKARI, J.
DATE : 9th JUNE, 2021.
P.C. :
1. This is an Application for suspension of sentence and releasing
the Applicant on bail.
2. The Applicant has been convicted under Section 354 of the
Indian Penal Code, 1860 (for short 'I.P.C.') and is sentenced to suffer
rigorous imprisonment for a period of six months and to pay a fine of
Rs.1000/-, in default of payment of fine to further suffer simple
imprisonment of 15 days, by the learned Judicial Magistrate, First Class,
Court No.2, Vashi, by its Judgment and Order dated 18 March 2017.
Criminal Appeal No.53 of 2017, preferred by the Applicant has
been dismissed by the learned Additional Sessions Judge, Thane, by its
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Tauseef 08.1-IA.1514.2021.doc
Judgment and Order dated 31 March 2021.
3. Mr. Satpute, learned counsel for the Applicant submitted that,
the Applicant was on bail during pendency of trial so also in appeal and
there is no report of breach of any of the conditions imposed upon him.
He further on instructions submitted that, the Applicant has deposited fine
amount in the Registry of the trial court, however, if it is not deposited till
date, the Applicant will deposit the fine amount in the Registry of the Trial
Court within a period of one week from today.
The said statement is accepted as an undertaking given to this
Court.
4. 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, the sentence
imposed upon the Applicant can be suspended and he can be released on
bail.
5. Hence the following order:-
(a) During the pendency of the Revision Application, the
substantive sentence imposed upon the Applicant is
hereby suspended.
(b) During the pendency of the Revision Application, the
Applicant be released on bail on his furnishing PR
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Tauseef 08.1-IA.1514.2021.doc
bond of Rs.10,000/- with one or two local sureties in
the like amount.
(c) Applicant is permitted to submit cash bail for a
period of 16 weeks from today and during the said
period, the Applicant is directed to comply with the
condition of furnishing sureties.
(d) Applicant shall attend NRI Sagari Marg Police
Station, Navi Mumbai, on every first Monday of the
month initially for a period of one year.
After one year, the Applicant is directed to attend the
NRI Sagari Marg Police Station, Navi Mumbai once in
three months on every 1st Monday of month between
10.00 a.m. and 12.00 noon. Thus, the Applicant
shall attend NRI Sagari Marg Police Station, Navi
Mumbai four times in a year.
(e) Application is allowed in the aforesaid terms.
6. All the concerned to act on the basis of an authenticated copy of
this Order.
(A. S. GADKARI, J.)
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