Ambadas Hariba Yadav vs The State Of Maharashtra
2021 Latest Caselaw 5734 Bom

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                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       CRIMINAL APPELLATE JURISDICTION

                      INTERIM APPLICATION NO. 1110 OF 2021
                                       IN
                  CRIMINAL REVISION APPLICATION NO. 96 OF 2021

Ambadas Hariba Yadav                                            ... Applicant
      V/s.
The State of Maharashtra                                        ... Respondent


Mr.Sagar Tambe i/b. Mr.Ritesh Thobde for Applicant.
Mr.Amit Palkar, A.P.P. for Respondent-State.

                                          CORAM : A.S. GADKARI, J.

DATE : 30th March 2021.

P.C. :

This is an application for suspension of sentence and releasing the

applicant on bail.

2. The applicant is convicted under Section 354 of the Indian Penal

Code and is sentenced to suffer rigorous imprisonment of 6 months and to pay

a fine of Rs.10,000/-, in default of payment of fine to further suffer rigorous

imprisonment for one month by the learned Judicial Magistrate First Class,

Mangalwedha, in Summary Trial Case (S.T.C.) No. 04 of 2012 by its Judgment

and Order dated 30th September 2015.

Criminal Appeal No.31 of 2015 preferred by the applicant has

been turned down by the learned Extra Jt. Additional Sessions Judge,

Pandharpur by its Judgment and Order dated 17th March 2021.

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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.

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.

(ii) Applicant be released on bail in Summary Trial Case (S.T.C.) No. 04 of 2012 on his furnishing P.R. bond of Rs.10,000/- with one or two local sureties in the like amount.

(iii) After his release from Jail and during the pendency of the present Revision Application, the applicant shall attend Mangalwedha Police Station, on every first Monday of every 3rd month between 10:00 am to 12:00 noon. Thus, the Applicant shall attend Mangalwedha Police Station four times in a year.

6. Application is allowed in the aforesaid terms.

[A.S. GADKARI, J.]