Dildar Takdirkhan Soudagar vs The State Of Maharashtra
2021 Latest Caselaw 16497 Bom

                     Megha                               17_apeal_896_2021 with IA2644_2021.doc

                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CRIMINAL APPELLATE JURISDICTION

        Digitally
        signed by
                                    INTERIM APPLICATION NO.2644 OF 2021
                                                    IN
MEGHA   MEGHA S
        PARAB
S       Date:
PARAB   2021.11.30


                                      CRIMINAL APPEAL NO.896 OF 2021
        15:07:41
        +0530




                     Dildar Takdirkhan Soudagar                        ...Applicant
                                    Versus
                     The State of Maharashtra                        ...Respondents
                                                         ....
                     Mr. Rushikesh Kale i/b. Mr. Viresh Purwant for the Appellant.
                     Mr. S.V. Gavand, APP for Respondent-State.

                                                  CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED: 29th NOVEMBER, 2021.

P.C.:-

This is an application under Section 389 of the Code of

Criminal Procedure, 1973 for suspension of substantive sentence

imposed by judgment dated 05/10/2021 passed by the learned

Additional Sessions Judge, Solapur, in Sessions Case No.16 of 2019 and

to release the Applicant on bail.

2. By the impugned judgment, the co-accused have been

convicted for ofences punishable under Section 302 of the IPC,

whereas the Applicant, who was accused No.2 in the said case has been

held guilty of ofence punishable under Section 201 r/w 34 of the IPC.

He has been sentenced to undergo rigorous imprisonment for fve years

Megha 17_apeal_896_2021 with IA2644_2021.doc

with fne of Rs.1,000/- i/d. to undergo further imprisonment for 1

month.

3. It is stated that till date co-accused have not fled an appeal

against conviction and sentence. The sentence against the Applicant is

a short term imprisonment. The Appeal is admitted. Considering the

large pendency of the cases and the present situation arising from

Covid-19 pandemic, fnal hearing of the appeal will take considerable

time. Moreover, the Applicant was on bail, pending trial and has not

misused the liberty.

4. In view of the above and also considering the nature of

accusations against the Applicant, this is a ft case for suspension of

substantive sentence pending disposal of the appeal. Hence, the

application is allowed on following terms and conditions:-

(i) The substantive sentence imposed on the Applicant

vide judgment dated 05/10/2021 in Sessions Case

No.16 of 2019 is suspended pending disposal of the

appeal;

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

furnishing bail bonds in the sum of Rs.15,000/- with one

or two sureties in the like amount;

Megha 17_apeal_896_2021 with IA2644_2021.doc

(iii) The Applicant shall report to the Trial Court, once in

three months on the day/date specifed by the Trial

Court, till the appeal is fnally disposed of.

(iv) 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.

(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 fle an application seeking cancellation of

bail.

5. The application stands disposed of.

(SMT. ANUJA PRABHUDESSAI, J.)