Goudappa Govind Birajdar And Ors vs The State Of Maharashtra
2021 Latest Caselaw 5641 Bom

           Digitally
           signed by
Shagufta   Shagufta Q.
           Pathan
Q.         Date:                                                               9-IA-1032-2021.doc
Pathan     2021.03.30
           12:01:07
           +0530

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 CRIMINAL APPELLATE JURISDICTION

                          CRIMINAL INTERIM APPLICATION NO. 1032 OF 2021
                                              IN
                                CRIMINAL APPEAL NO. 277 OF 2021


                 1. Goudappa Govind Birajdar
                 2. Mantesh Govind Birajdar
                 3. Bhimu Govind Birajdar                              ...Applicants
                      Versus
                 The State of Maharashtra                              ...Respondent


                 Mr. Sagar Tambe i/b Mr. R. M. Thobde for the Applicants

                 Mr. P. H. Gaikwad-Patil, A.P.P for the Respondent-State


                                           CORAM : REVATI MOHITE DERE, J.
                                           THURSDAY, 25th MARCH 2021



                 P.C. :


                 1            Heard learned counsel for the parties.



                 2            By this application, the applicants seek suspension of their

                 sentence and enlargement on bail, pending the hearing and final disposal

                 of the appeal.




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            3           The applicants, vide judgment and order dated 24th February

            2021 passed by learned Additional Sessions Judge, Pandharpur, in Sessions

            Case No. 44 of 2019, have been convicted and sentenced as under:-


                 -      for the offences punishable under Sections 332 and 353 of the

                 Indian Penal Code, to suffer rigorous imprisonment for 6 months

                 and to pay fine of Rs.2,000/- each, in default of payment of fine, to

                 undergo simple imprisonment for 1 month;


                 -      for the offence punishable under Section 323 of the Indian

                 Penal Code, to suffer rigorous imprisonment for 1 month and to pay

                 fine of Rs.1,000/-, in default of payment of fine, to undergo simple

                 imprisonment for 15 days;


                 Both the substantive sentences were directed to run concurrently.


            4           The maximum sentence imposed on the applicants, is six

            months. It is not in dispute that the applicants were on bail pending trial

            and post their conviction, their sentence has been suspended. It is also not

            in dispute that the applicants have not misused or abused the liberty granted

            to them. The applicants have deposited the fine amount as awarded by the


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            trial Court. 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           Accordingly, the application is allowed and the applicants'

            sentence is suspended and they are enlarged on bail, pending the hearing

            and final disposal of the appeal, on the following terms and conditions :-

                                               ORDER

(i) The applicants be enlarged on bail on furnishing P.R.

Bond in the sum of Rs. 15,000/- each, with one or two sureties in the

like amount;

ii) The applicants 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 trial Court, the learned Judge shall make a report to the High

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Court and the prosecution would be at liberty to file an application

seeking cancellation of bail.

6 The application is disposed of accordingly.

7 All concerned to act on the authenticated copy of this order.

REVATI MOHITE DERE, J.

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