Anjum Akil Burondkar vs The State Of Maharashtra
2021 Latest Caselaw 5732 Bom

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                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                            CRIMINAL APPELLATE JURISDICTION

                      INTERIM APPLICATION NO. 1139 OF 2021
                                     WITH
                      INTERIM APPLICATION NO. 1085 OF 2021
                                       IN
                  CRIMINAL REVISION APPLICATION NO. 86 OF 2021

Anjum Akil Burondkar                                          ... Applicant
      V/s.
The State of Maharashtra                                      ... Respondent


Mr.G.K. Jadhav for Applicant.
Mr.A.R. Patil, A.P.P. for Respondent-State.


                                          CORAM : A.S. GADKARI, J.

DATE : 30th March 2021.

P.C. :

These are applications for suspension of sentence and releasing

the applicant on bail.

2. The applicant was convicted under Section 454, 457, 380 of the

Indian Penal Code and was sentenced to undergo maximum simple

imprisonment for 1 year of each count and to pay a fine of Rs.5,000/- on each

count by the learned Judicial Magistrate First Class, Dapoli, in R.C.C. No.89 of

2013 by its Judgment and Order dated 29 th June 2015. The Trial Court had

directed that, all the sentences shall run concurrently.

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Criminal Appeal No.15 of 2015 preferred by the applicant has

been partly allowed by the learned Additional Sessions Judge, Khed, District

Ratnagiri by its Judgment and Order dated 18 th March 2021. The Appellate

Court has acquitted the applicant for the offence punishable under Section

457 of the Indian Penal Code, however has maintained rest of the part of

Judgment and Order passed by the Trial Court.

3. Learned counsel for the applicant submitted that, the applicant

has already deposited entire fine amount in the Registry of the Trial Court. He

submitted that, during the pendency of the trial so also in the appeal, the

applicant was released on bail and there is no report of breach of any of the

conditions. He further submitted that, the applicant has been taken into

custody for undergoing sentence on the date of pronouncement of Judgment

by the Appellate Court.

4. The sentence imposed upon the applicant is a short term

sentence. The possibility of hearing the present Revision on its own merits in

near future is remote. In view thereof, the sentence imposed upon the

applicant can be suspended and he can be released on bail.

5. Hence, following order :-

(i) During the pendency of the present Revision, the substantive sentence imposed upon the Applicant is suspended.

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(ii) The Applicant be released on bail in R.C.C. No.89 of 2013 on his furnishing P.R. bond of Rs.15,000/- with one or two local sureties in the like amount.

(iii) After his release from Jail and during the pendency of the present Appeal, the applicant shall attend Dapoli Police Station on every first Monday of the month between 10:00 am and 12:00 noon initially for a period of one year.

After end of one year, the applicant shall attend Dapoli Police Station on every first Monday of the every 3rd Month between 10:00 am and 12:00 noon. The applicant thus shall attend Dapoli Police Station 4 times in a year during the pendency of the present Appeal.

6. Both the Applications are allowed in the aforesaid terms.

[A.S. GADKARI, J.]