Bombay High Court
Riwal Kakdya Kale vs The State Of Maharashtra on 3 May, 2021
Bench: R.P. Mohite-Dere
24. IA 1315-21 in A 398-21.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 1315 OF 2021
IN
CRIMINAL APPEAL NO. 398 OF 2021
Riwal Kakdya Kale ...Applicant
Versus
The State of Maharashtra ...Respondent
Mr. Wasim Samlewale for the Applicant.
Mr. S.V.Gavand, A.P.P for the Respondent-State.
CORAM : REVATI MOHITE DERE, J.
DATE : 3rd MAY, 2021
(Through Video Conferencing)
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
his appeal.
3. The applicant, vide judgment and order dated 20/03/2021
passed by the learned Additional Sessions Judge, Sangli in Sessions Case
No.99 of 2016, has been convicted and sentenced as under :-
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24. IA 1315-21 in A 398-21.doc
- for the offence punishable under Section 395 of the Indian
Penal Code to suffer rigorous imprisonment for 7 years and to pay
fine of Rs.1,000/-, in default to undergo further simple imprisonment
for 1 month.
4. Learned Counsel for the applicant submits that the grounds for
convicting the applicant are not sustainable inasmuch as the applicant has
not played any active role in the commission of the offence. He further
submits that the applicant was only found standing near the Tata Sumo. He
submits that there is no recovery at the instance of the applicant nor any
Test Identification parade was held. He further submits that the applicant
was on bail pending trial and that he has not abused or misused the liberty
granted to him.
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;
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24. IA 1315-21 in A 398-21.doc
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.
6. The application is accordingly disposed of.
7. All concerned to act on the authenticated copy of this order.
REVATI MOHITE DERE, J.
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