Shri. Yashwant Janrao Ramagade vs The State Of Maharashtra
2021 Latest Caselaw 5643 Bom

           Digitally
           signed by
Shagufta   Shagufta Q.
           Pathan
Q.         Date:                                              22-APEAL-ST-2282 @ 163-2021.doc
Pathan     2021.03.30
           12:01:07
           +0530

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 CRIMINAL APPELLATE JURISDICTION

                             CRIMINAL APPEAL (STAMP) NO. 2282 OF 2021
                                             WITH
                               INTERIM APPLICATION NO. 449 OF 2021
                                             WITH
                               INTERIM APPLICATION NO. 373 OF 2021
                                             WITH
                                 CRIMINAL APPEAL NO. 163 OF 2021
                                             WITH
                               INTERIM APPLICATION NO. 392 OF 2021
                                             WITH
                               INTERIM APPLICATION NO. 396 OF 2021


                 Yashwant Janrao Ramagade                            ...Appellant/Applicant
                     Versus
                 The State of Maharashtra                            ...Respondent


                 Mr. Sushil Inamdar for the Appellant/Applicant

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


                                            CORAM : REVATI MOHITE DERE, J.

THURSDAY, 25th MARCH 2021

P.C. :

1 Learned counsel for the appellant/applicant seeks time. He

submits that he is unable to contact the appellant/applicant.

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                                                         22-APEAL-ST-2282 @ 163-2021.doc


            2           It appears that vide judgment and order dated 10 th April 2018

passed by the learned Sessions Judge, Ratnagiri, the appellant/applicant was

convicted as under :

- for the offence punishable under Section 436 of the Indian

Penal Code and was sentenced to suffer rigorous imprisonment for

2 years and to pay a fine of Rs. 1,500/-, in default of payment of fine,

to undergo simple imprisonment for 6 months;

- for the offence punishable under Section 3(2) of the Prevention

of Damage to Public Property Act and was sentenced to undergo

rigorous imprisonment for 2 years and to pay a fine of Rs. 1,500/-, in

default of payment of fine, to undergo simple imprisonment for 6

months.

Both the sentences were directed to run concurrently.

3 Post the conviction of the appellant/applicant, his sentence was

suspended to enable the appellant/applicant to file an appeal. The aforesaid

appeal has been filed after 2 years 176 days. On 24 th February 2021, when

the aforesaid appeal/application came before this Court, the

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appellant/applicant was directed to surrender before his appeal/application

could be heard, having regard to the fact that the order of suspension of his

sentence by the trial Court had expired way back in 2018. Even thereafter,

learned counsel for the applicant sought time.

4 Considering the aforesaid, by way of last chance, stand over to

20th April 2021.

REVATI MOHITE DERE, J.

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