Bombay High Court
Jitendra Bapu Suryavanshi vs The State Of Maharashtra on 17 March, 2021
Bench: R.P. Mohite-Dere
24. IA 527-2021 in A 148-2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 527 OF 2021
IN
CRIMINAL APPEAL NO. 148 OF 2021
Jitendra Bapu Suryavanshi ...Applicant
Versus
State of Maharashtra ...Respondent
Mr. Wasim N. Samlewale for the Applicant.
Mr. S.V.Gavand, A.P.P for the Respondent-State.
CORAM : REVATI MOHITE DERE, J.
DATE : 17th 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 his aforesaid appeal.
3. The applicant, vide judgment and order dated 02/02/2021
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passed by the learned Additional Sessions Judge and District Judge - 1,
Islampur, District Sangli, in Sessions Case No. 73 of 2016 has been
convicted and sentenced as under :
- for the offence punishable under Section 307 of the Indian
Penal Code to suffer rigorous imprisonment for 7 years and to pay
fine of Rs.1,000/-, in default to undergo further simple
imprisonment for 2 months;
- for the offence punishable under Section 324 of the Indian
Penal Code to suffer rigorous imprisonment for 2 years and to pay
fine of Rs.500/-, in default, to undergo further simple imprisonment
for 1 month;
- for the offence punishable under Section 506 of the Indian
Penal Code to suffer rigorous imprisonment for 2 years and to pay
fine of Rs.500/-, in default, to undergo further simple imprisonment
for 1 month;
All the substantive sentences are directed to run concurrently.
4. Learned Counsel for the applicant submits that the applicant
has undergone about 4 years 6 months of imprisonment till date. He
submits that the applicant was granted interim COVID bail and that during
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the said period, the applicant has neither abused or misused the liberty
granted to him. He further submits that the injuries sustained by the two
injured i.e. PW-1 and PW-4 are all CLWs, not possible with scythe. He
submits that although the applicant is alleged to have assaulted the injured
with a scythe, the medical evidence shows that the injuries were caused by
a hard and blunt object. He submits that the offence, if any, would not be
one under Section 307 of the Indian Penal Code, but a lesser offence.
5. Learned APP does not dispute the fact that the applicant is in
custody for 4 years 6 months. The appeal has been admitted by a separate
order dated 17/02/2021, passed in the aforesaid appeal. The sentence
awarded is a short term sentence. Even otherwise, the applicant has
undergone more than 4 ½ years of imprisonment, the appeal is not likely to
be heard in immediate near future.
6. Considering the aforesaid, the application is allowed and the
applicant's sentence is suspended and he is enlarged on bail, pending the
hearing and final disposal of his Appeal, on the following terms and
conditions :-
ORDER
i) The Applicant be enlarged on bail on furnishing P.R. Bond in
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24. IA 527-2021 in A 148-2021.doc
the sum of Rs.15,000/- with one or two sureties in the like amount;
ii) The Applicant shall report to the trial Court, once in three
months on the day/date specified by the trial Court, till his 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
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.
7. The Application is allowed in the aforesaid terms and is
accordingly disposed of.
8. All concerned to act on the authenticated copy of this order.
REVATI MOHITE DERE, J.
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