Bombay High Court
Prathamesh @ Babalya Ravindra ... vs The State Of Maharashtra on 8 March, 2021
Bench: A.S. Gadkari
osk 25-IA-829-2021 in Revn-65-2021.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 829 OF 2021
IN
CRIMINAL REVISION APPLICATION NO. 65 OF 2021
1. Prathamesh @ Babalya Ravindra Manjarekar ]
2. Kaushik Laxman Morje ] ... Applicant
V/s.
The State of Maharashtra ] ... Respondent
Mr.A.S. Khandeparkar a/w. Mr.Rohit Mahadik and Mr.Shubham Jawlekar i/b.
Khandeparkar & Associates for Applicant.
Mrs.Rutuja Ambekar, A.P.P. for Respondent-State.
CORAM : A.S. GADKARI, J.
DATE : 8th March 2021.
P.C. :
Leave to amend prayer Clause.
Amendment be carried out forthwith.
2. This is an application for suspension of sentence and releasing the
applicant on bail.
3. Heard Mr.Khandeparkar, learned counsel for the applicant and
Mrs.Ambekar, learned A.P.P. for the respondent-State.
osk 25-IA-829-2021 in Revn-65-2021.odt
4. The applicants are convicted for the offence punishable under
Section 354-D read with 34 of the Indian Penal Code and are sentenced to
suffer rigorous imprisonment of one year and to pay a fine of Rs.2,000/- each,
in default of payment of fine to further suffer rigorous imprisonment for one
month each, by the learned Judicial Magistrate First Class, Vengurla in R.C.C.
No. 35 of 2013 by its Judgment and Order dated 7th June 2016.
Criminal Appeal No.53 of 2016 preferred by the applicants has
been dismissed by the learned Sessions Judge, Sindhudurg-Oros by its
Judgment and Order dated 9th February 2021.
5. Mr.Khandeparkar, learned counsel for the applicants submitted
that, during the pendency of the trial so also in appeal the applicants were
released on bail and there is no report of breach of any of the conditions. He
further on instructions submitted that, the applicants have already deposited
entire fine amount in the Registry of the Trial Court. He submitted that, on the
date of pronouncement of the impugned Judgment and Order, the applicants
have been taken into custody for undergoing sentence by the Appellate Court.
6. The sentence imposed upon the applicants is a short term
sentence. The possibility of hearing the present Revision on its own merits in
near future is remote.
In view thereof, the substantive sentence imposed upon the
applicants can be suspended and the applicants can be released on bail.
osk 25-IA-829-2021 in Revn-65-2021.odt
7. Hence, the following Order :-
(i) During the pendency of the present Revision, the
substantive sentence imposed upon the applicants is
suspended.
(ii) The Applicants be released on bail in R.C.C. No. 35 of
2013 on their furnishing P.R. bond of Rs.10,000/- each,
with one or two local sureties in the like amount.
(iii) After their release from jail, the applicants shall attend
Vengurla Police Station, District Sindhudurg, on every first
Monday of every 3rd Month, between 10:00 am and 12:00
noon. The applicants thus shall attend Vengurla Police
Station 4 times in a year during the pendency of the
present Revision.
(iv) If the applicants commit 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.
8. Application is allowed in the aforesaid terms.
[A.S. GADKARI, J.]
Digitally signed
by Omkar S.
Omkar S. Kumbhakarn
Kumbhakarn Date:
2021.03.10
13:02:44 +0530
