Ramesh Subramannyam Iyer vs The State Of Maharashtra
2021 Latest Caselaw 7002 Bom

Tandale                                                               4.IA-1348-21 & IA-1350-21.odt



                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                            CRIMINAL APPELLATE JURISDICTION

                  CRIMINAL INTERIM APPLICATION NO.1348 OF 2021
                                     WITH
                  CRIMINAL INTERIM APPLICATION NO.1350 OF 2021
                                       IN
                  CRIMINAL REVISION APPLICATION NO.121 OF 2021

Dr. Ramesh Subramanyam Iyer                                    ... Applicant

           V/s.

The State of Maharashtra                                       ... Respondent


Mr. Manish Bohra i/b. M/s. A.S. Khan & Associates for the Applicant.
Mr. A.R. Patil, A.P.P. for the Respondent-State.


                                          CORAM : A.S. GADKARI, J.

DATE : 3rd MAY 2021.

(Through Video Conferencing)

P.C. :

1. These are applications for suspension of sentence and releasing

the Applicant on bail respectively.

2. Applicant has been convicted under Section 468 of the Indian

Penal Code and is sentenced to suffer rigorous imprisonment for 2 years and

to pay a fine of Rs.3,000/-, in default of payment of fine to further suffer

rigorous imprisonment for three months by the learned 6th Additional Chief

Judicial Magistrate, Thane in R.C.C. No.385 of 2006, by its Judgment and

Tandale 4.IA-1348-21 & IA-1350-21.odt

Order dated 1st March 2017.

Criminal Appeal No.47 of 2017 preferred by the Applicant has

been dismissed by the learned Additional Sessions Judge, Thane, by its

Judgment and Order dated 23rd March 2021.

3. Mr.Bohra, learned counsel for the Applicant submitted that,

during the pendency of trial so also in Appeal the Applicant was on bail and

there is no report of breach of any of the conditions imposed upon him. He

further on instructions submitted that, the Applicant has already deposited the

entire fine amount in the Registry of the Trial Court.

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

sentence. The possibility of hearing the present Revision Application 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, the following Order :-

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

(ii) Applicant be released on bail in R.C.C. No.385 of 2006 on his furnishing P.R. bond of Rs.15,000/-, with one or two local sureties in the like amount.

(iii) Applicant shall not tamper with the evidence and/or pressurize the prosecution witnesses.

Tandale 4.IA-1348-21 & IA-1350-21.odt

6. Applications are allowed in the aforesaid terms.

7. All the concerned to act on the basis of the authenticated

copy of this Order.

[A.S. GADKARI, J.]