Nilesh Ashok Sonawane vs The State Of Maharashtra
2021 Latest Caselaw 5644 Bom

           Digitally
           signed by
Shagufta   Shagufta Q.
           Pathan
Q.         Date:
                                                                               8-IA-1000-2021.doc
Pathan     2021.03.30
           12:13:50
           +0530
                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 CRIMINAL APPELLATE JURISDICTION

                          CRIMINAL INTERIM APPLICATION NO. 1000 OF 2021
                                              IN
                                CRIMINAL APPEAL NO. 265 OF 2021

                 Nilesh Ashok Sonawane                                 ...Applicant
                      Versus
                 The State of Maharashtra                              ...Respondent

                 Mr. Aniket Vagal for the 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            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.



                 3            The applicant, vide judgment and order dated 14 th February

                 2020 passed by learned Additional Sessions Judge-4, Nashik, in Sessions

                 Case No. 179 of 2017, has been convicted and sentenced as under:-


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                 -      for the offence punishable under Section 392 of the Indian

                 Penal Code, to suffer rigorous imprisonment for 7 years and to pay

                 fine of Rs.10,000/-, in default of payment of fine, to undergo simple

                 imprisonment for 2 months;


                 -      for the offence punishable under Section 397 of the Indian

                 Penal Code, to suffer rigorous imprisonment for 7 years;


                 -      for the offence punishable under Section 506 of the Indian

                 Penal Code, to suffer rigorous imprisonment for 1 year;


                 The aforesaid sentences were directed to run concurrently.


            4           Learned counsel for the applicant submits that the maximum

            sentence imposed is 7 years and that out of the 7 years, the applicant is in

            custody for the last 4½ years. He submits that the applicant has undergone

            about 3/4th of the sentence imposed on him. On merits, he submits that

            PW 1, who was allegedly robbed, has not identified the applicant in Court

            and that infact, PW 1 has stated that the person present in Court is not the

            same person.


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                                                                        8-IA-1000-2021.doc




            5            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 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 four

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.

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                                                                8-IA-1000-2021.doc

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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