Pandurang Ankush Takmoge vs The State Of Maharashtra
2021 Latest Caselaw 16184 Bom

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               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CRIMINAL APPELLATE JURISDICTION

                   INTERIM APPLICATION NO. 2525 OF 2021
                                    IN
                          APPEAL NO. 859 OF 2021

      Pandurang Ankush Takmoge                       ..Applicant

                  v/s.

      The State of Maharashtra.               ..Respondent/s

      Mr. Mohammed S. Mulla for the Appellant.
      Mr. N.B.Patil, APP for the Respondent-State.

                              CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED : 23rd NOVEMBER, 2021.

P.C.

1. By this application, the Applicant has sought suspension of

sentence and enlargement on bail. By the impugned judgment dated

15.09.2021 in Sessions Case No.167 of 2017 the learned Addl.

Sessions Judge, Solapur has held the Applicant guilty of offence

under Section 306 of IPC and sentenced him to undergo rigorous

imprisonment for a term of four years with fine of Rs.2000/- in

default to undergo rigorous imprisonment for 6 months.

2. Heard the learned Counsel for the applicant and the learned

APP for the State. Perused the record and considered the

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submissions advanced by the learned Counsels for the respective

parties.

3. The records reveal that the applicant has been sentenced to

undergo short term imprisonment of four years. The appeal is of the

year 2021. Considering the large pendency of old cases and also the

present situation arising from COVID 19, it will not be possible to

take up the matter for final hearing in the near future. Moreover,

the Appellant was on bail pending trial and has not misused his

liberty.

4. Considering the above facts, in my considered view, this is a fit

case to suspend the execution of sentence pending the disposal of the

appeal. Hence the application is allowed on the following terms and

conditions:-

i) Substantive sentence imposed against the Applicant by

judgment dated 15.09.2021 in Sessions Case No.167 of 2017 is

suspended pending hearing of the appeal;

ii) The Applicant is ordered to be released on bail on furnishing

P.R. Bond in the sum of Rupees 15000/- (Rupee Fifteen Thousand

Only) with one or two solvent sureties in the like amount, to the

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satisfaction of the Trial Court;

Iii) The applicant shall report to the Trial Court once in two months

on the day/ date specified by the Trial Court, till the Appeal is finally

disposed on;

(iv) The applicant shall keep the trial Court informed of his current

address and mobile/contact numbers and/or change of residence or

mobile details, if any, from time to time.

v) 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 application seeking

cancellation of bail.

. Application is accordingly disposed of.

Digitally signed by PRASANNA P PRASANNA P SALGAONKAR SALGAONKAR Date:

2021.11.25 15:21:19 (ANUJA PRABHUDESSAI, J.) +0530

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