Bombay High Court
Lalu @ Lalsing Khemu Rathod vs The State Of Maharashtra on 13 October, 2021
Bench: Anuja Prabhudessai
Megha 11_apeal_834_2021 wi IA_2429_2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.834 OF 2021
Digitally
signed by
MEGHA MEGHA S
PARAB
WITH
S Date:
PARAB 2021.10.14
14:37:10
INTERIM APPLICATION NO.2429 OF 2021
+0530
IN
CRIMINAL APPEAL NO.834 OF 2021
Lalu @ Lalsing Khemu Rathod ...Appellant/Applicant
Versus
The State of Maharashtra ...Respondent
....
Mr. Pramod Kumbhar i/b. Mr. Priyal G. Sarda for the Applicant.
Mr.S.V. Gavand, APP for the Respondent-State.
CORAM : SMT. ANUJA PRABHUDESSAI, J.
DATED: 13th OCTOBER, 2021.
P.C.:-
CRIMINAL APPEAL NO.834 OF 2021
Heard. Admit. Mr. S.V. Gavand, 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 NO. 2429 OF 2021:-
2. This is an application under Section 389 of the Code of
Criminal Procedure, 1973 fled by the Applicant for suspension of
substantive sentence imposed vide judgment dated 16/03/2021 passed
by the learned Additional Sessions Judge, Solapur, in Sessions Case
Megha 11_apeal_834_2021 wi IA_2429_2021.doc
No.288 of 2019 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 learned Additional Sessions
Judge, Solapur has held the Applicant guilty of ofence punishable
under Section 65(f) of Maharashtra Prohibition Act and sentenced to
undergo simple imprisonment for a period of three years.
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, in my considered view this is a ft case for suspension of
substantive sentence. Hence the application is allowed on following
terms and conditions:-
(i) The substantive sentence imposed on the Applicant vide
Megha 11_apeal_834_2021 wi IA_2429_2021.doc
vide judgment dated 16/03/2021 in Sessions Case No.288
of 2019 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.)
