Bombay High Court
Ganesh Sunil Jadhav And Anr vs The State Of Maharashtra on 5 March, 2021
Bench: A.S. Gadkari
ssm 1 35-appr43.17-in-revn47.17.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 43 OF 2017
IN
REVISION APPLICATION NO. 47 OF 2017
Ganesh Sunil Jadhav & Anr. ....Applicants.
Vs.
The State Of Maharashtra ....Respondent.
Mr. Vikas Shivarkar for the Applicants.
Mr. A.R. Patil, APP for the Respondent-State.
Mr. A. M. Patil, API, Faraskhana Police Station, Pune.
CORAM : A. S. GADKARI, J.
DATE : 5th MARCH, 2021.
P.C.:-
This is an Application for suspension of sentence and releasing
the Applicant on bail.
2 Heard Mr. Shivarkar, learned Advocate for the Applicants and
Mr. Patil, learned APP for the Respondent-State.
3 The record indicates that, in furtherance of Order dated 25 th
February, 2021, the Applicants have now been lodged to Taloja Central
Prison for undergoing their sentence.
4 The Applicants have been convicted under Section 379 read
with Section 34 of the Indian Penal Code and are sentenced to suffer
rigorous imprisonment for one year each and to pay fine of Rs.1,000/- each
ssm 2 35-appr43.17-in-revn47.17.doc
by the learned Judicial magistrate, First Class Court No.2, Pune, in RCC
No.403833 of 2009.
Criminal Appeal No.524 of 2013 preferred by the Applicants
has been dismissed by the learned Additional Sessions Judge, Pune by its
Judgment and Order dated 2nd November, 2016.
5 The sentence imposed upon the Applicants is a short term
sentence and the possibility of hearing of the present Revision Application
on its own merits in near future is remote. In view thereof, the sentence
imposed upon the Applicants can be suspended and they can be released on
bail.
6 Hence the following Order:-
a) During the pendency of the present Revision
Application, the substantive sentence imposed upon the
Applicants is suspended.
b) Applicants be released on bail in R.C.C. No.403833 of
2009, on their furnishing PR bond of Rs.15,000/- each
with one or two separate local sureties in the like
amount.
c) Before their actual release from Jail, the Applicants
shall deposit the entire fine amount, imposed upon
them by the impugned Judgment and Order in the
Registry of the Trial Court, if not already deposited.
ssm 3 35-appr43.17-in-revn47.17.doc
d) After their release from Jail and during the pendency of
the present Revision, the Applicants shall attend
Faraskhana Police Station, Pune on every first Monday
of the month between 10.00 a.m. and 12.00 noon,
initially for a period of one year.
After one year, the Applicants shall attend
the Faraskhana Police Station, on every first Monday of
the every 3rd Month between 10.00 a.m. and 12.00
noon. The Applicants thus, shall attend Faraskhana
Police Station, 4 times in a year during the pendency of
the present Revision Application.
e) If the Applicants commit two consecutive defaults in
complying with condition No. (d) above, in that event,
the prosecution will be at liberty to file an Application
for cancellation of bail.
5 Application is allowed in the aforesaid terms.
(A.S. GADKARI, J.)
Digitally signed by
Sanjiv S. Sanjiv S. Mashalkar
Mashalkar Date: 2021.03.10
10:23:28 +0530
