Bombay High Court
Pranav Suresh Vadecha (Vadhecha) vs The State Of Maharashtra And Anr on 11 March, 2021
Bench: R.P. Mohite-Dere
Digitally
signed by
Shagufta Shagufta Q.
Pathan
Q. Date: 5-IA-803-2021.doc
Pathan 2021.03.12
17:00:51
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 803 OF 2021
(For Suspension of Sentence)
IN
CRIMINAL APPEAL NO. 204 OF 2021
Pranav Suresh Vadecha (Vadhecha) ...Applicant
Versus
The State of Maharashtra & Anr. ...Respondents
Mr. Rushikesh Kale i/b Mr. V. V. Purwant for the Applicant
Mr. S. V. Gavand, A.P.P for the Respondent No.1-State
None for the Respondent No. 2
CORAM : REVATI MOHITE DERE, J.
THURSDAY, 11th MARCH 2021
P.C. :
1 Heard learned counsel for the parties.
2 By this application, the applicant seeks suspension of his
sentence and enlargement on bail, pending the hearing and final disposal
of the appeal.
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5-IA-803-2021.doc
3 The applicant vide judgment and order dated 15 th February
2021, passed by the learned District Judge-2 and Additional Sessions
Judge, Thane, in Sessions Case No. 393/2013, has been convicted and
sentenced as under:-
- for the offence punishable under Section 417 of the Indian
Penal Code, to suffer rigorous imprisonment for 6 months and to pay
fine of Rs.30,000/- in default, to suffer further rigorous imprisonment
for 2 months.
Out of the said fine amount of Rs. 30,000/-, Rs. 25,000/- was to be
paid to the prosecutrix towards the expenses incurred in prosecution
and the balance Rs. 5,000/- to be credited to the State.
The applicant has, however, been acquitted of the offence punishable
under Sections 376 and 328 of the Indian Penal Code.
4 It is not in dispute that the applicant was on bail pending trial
and that his sentence has been suspended post his conviction. It is also not
in dispute that whilst on bail, the applicant has not abused or misused the
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liberty granted to him. The appeal has been admitted by a separate order
passed today and the same is not likely to come up for hearing in the
immediate near future. The sentence awarded is a short term sentence.
5 Considering the aforesaid, the application is allowed and the
applicant's sentence is suspended and the applicant is enlarged on bail,
pending the hearing and final disposal of the appeal, on the following terms
and conditions :
ORDER
i) The applicant be enlarged on bail on furnishing P.R. Bond in
the sum of Rs.25,000/-, with one or two sureties in the like amount;
ii) The applicant shall report to the trial Court, once in four
months on the day/date specified by the trial Court, till their appeal
is finally disposed of;
iii) The applicant shall keep the trial Court informed of his
current address and mobile contact number 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
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trial Court, the learned Judge shall make a report to the High Court
and the prosecution would be at liberty to file an application seeking
cancellation of bail.
6 The application is disposed of in the aforesaid terms.
7 All concerned to act on the authenticated copy of this order.
REVATI MOHITE DERE, J.
SQ Pathan 4/4
