Bombay High Court
Dilip Vitthal Lonkar vs The State Of Maharashtra on 13 October, 2021
Bench: Anuja Prabhudessai
Megha 15_apeal_854_21 wi_2512 & 2511_21.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
Digitally
signed by
MEGHA S
CRIMINAL APPEAL NO.854 OF 2021
MEGHA
S
PARAB
PARAB
Date: WITH
INTERIM APPLICATION NO.2512 OF 2021
2021.10.14
14:35:19
+0530
IN
CRIMINAL APPEAL NO.854 OF 2021
Dilip Vitthal Lonkar ...Applicant
Versus
The State of Maharashtra ...Respondent
....
Mr. Balasaheb Deshmukh for the Applicant.
Mr. P.H. Gaikwad, APP for the Respondent-State.
CORAM : SMT. ANUJA PRABHUDESSAI, J.
DATED: 13th OCTOBER, 2021.
P.C.:-
CRIMINAL APPEAL NO.854 OF 2021:
Heard. Admit. Mr. P.H. Gaikwad, learned APP waives service of
notice on behalf of Respondent -State. Call for the record and
proceedings. Paper book to be fled within a period of six months.
INTERIM APPLICATION NOS. 2511 OF 2021 AND 2512 OF 2021:-
2. These are the applications under Section 389 of the Code of
Criminal Procedure, 1973 fled by the Applicant for suspension of
substantive sentence imposed vide judgment dated 15/09/2021 passed
by the learned Additional Sessions Judge, Pune, in Sessions Case
Megha 15_apeal_854_21 wi_2512 & 2511_21.doc
No.663 of 2008 and to enlarge the Applicant on bail.
3. Heard learned counsel for the Applicant and learned APP for
the Respondent-State. Perused the records and considered the
submissions advanced by learned counsel for the respective parties.
4. By the impugned judgment the Applicant, original accused
No.4 has been held guilty of ofences punishable under Section 323,
332, 342 and 353 r/w 34 of the IPC. He has been sentenced to undergo
rigorous imprisonment for one year with fne of Rs.25,000/- i/d. simple
imprisonment for three months in respect of ofence punishable under
Section 332 r/w 34 of the IPC. No separate sentence is passed for
ofence under Sections 323 and 353 of the IPC.
5. Sentence imposed against the Applicant is a short term
sentence. The Appeal is already admitted. Considering the large
pendency of the appeals and the present situation arising from Covid-
19 pandemic, it will not be possible to take up the appeal for fnal
hearing in immediate future.
6. In view of the above facts and also considering the nature of
accusation and evidence in support thereof, in my considered view this
Megha 15_apeal_854_21 wi_2512 & 2511_21.doc
is a ft case for suspension of sentence. Hence the application is
allowed on following terms and conditions:-
(i) The substantive sentence imposed on the Applicant vide
vide judgment dated 15/09/2021 in Sessions Case No.663
of 2008 is suspended pending disposal of the appeal.
(ii) The Applicant is ordered to be released on bail on
furnishing PR bonds for Rs.10,000/- with one or more
sureties in the like amount.
(iii) The Applicant shall attend 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 furnish his current address and mobile
contact number to the Trial Court.
(v) In case of two consecutive defaults in attending the Trial
Court, the Trial Court shall be at liberty to report to the
High Court.
7. The application stands disposed of.
(SMT. ANUJA PRABHUDESSAI, J.)
