Raghunath Harishchandra Gholkar vs The State Of Maharashtra
2021 Latest Caselaw 7434 Bom

                                                         12a. IA 1380-21 in APEAL 438-21.doc


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              CRIMINAL APPELLATE JURISDICTION
                                 CRIMINAL APPEAL NO. 438 OF 2021
                                              ALONGWITH
                             INTERIM APPLICATION NO. 1380 OF 2021


            Raghunath Harishchandra Gholkar                       ...Applicant
                Versus
            The State of Maharashtra                              ...Respondent

            Mr. Lalasaheb Bandal for the Applicant.

            Mr. S.V.Gavand, A.P.P for the Respondent-State.

                                            CORAM : REVATI MOHITE DERE, J.
                                            DATE : 7th 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 01/04/2021

            passed by the learned Additional Sessions Judge, Sindhudurg in Sessions


Wakodikar                                                                                         1/3



             ::: Uploaded on - 07/05/2021                    ::: Downloaded on - 10/09/2021 16:38:49 :::
                                                           12a. IA 1380-21 in APEAL 438-21.doc


            Case No. 25 of 2019, has been convicted and sentenced as under :-

                   -       for the offence punishable under Section 324 of the Indian

                   Penal Code to suffer rigorous imprisonment for 2 years and to pay

                   fine of Rs.8,000/-, in default to undergo further simple imprisonment

                   for 1 month;


                           The applicant is, however, acquitted of the offence punishable

                   under Sections 307 and 504 of the Indian Penal Code.



            4.             It is not in dispute that the applicant was on bail, pending trial

            and even post his conviction, his sentence is suspended. The appeal has

            been admitted by a separate order passed today in the aforesaid appeal.

            The sentence imposed is a short term sentence and the appeal is not likely

            to be heard in the immediate near future. It is also not in dispute that the

            applicant 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 :-




Wakodikar                                                                                          2/3



             ::: Uploaded on - 07/05/2021                     ::: Downloaded on - 10/09/2021 16:38:49 :::
                                                               12a. IA 1380-21 in APEAL 438-21.doc


                                                     ORDER

i) The applicant be enlarged on bail on furnishing P.R. Bond in

the sum of Rs.10,000/- with one or two sureties in the like amount;

ii) The applicant shall report to the trial Court, once in six 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.

Wakodikar                                                                                               3/3