Bombay High Court
Swapnil @ Yuvraj Anantrao ... vs The State Of Maharashtra on 26 October, 2021
Bench: Anuja Prabhudessai
P.H. Jayani 08 APEAL871.2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 871 OF 2021
WITH
INTERIM APPLICATION NO. 2566 OF 2021
IN
CRIMINAL APPEAL NO. 871 OF 2021
Swapnil @ Yuvraj Anantrao Mirajkar .... Appellant
v/s.
The State of Maharashtra .... Respondent
Mr. Anand S. Patil for the Applicant/Appellant.
Mr. P.H. Gaikwad, APP for the State.
CORAM: SMT. ANUJA PRABHUDESSAI, J.
DATED : 26th OCTOBER, 2021.
P. C. :-
ORDER IN CRIMINAL APPEAL NO. 871 OF 2021 :-
. Heard. Admit. Call for the record and proceedings. Paper book
to be filed within a period of six month. Learned APP waives service on
behalf of Respondent.
ORDER IN INTERIM APPLICATION NO. 2506 OF 2021 :-
2. This is an Application under Section 389 of Cr.P.C. for suspension
of substantive sentence imposed by judgment dated 14/10/2021 in
Sessions Case No.2/2016. By the impugned judgment, the learned
P.H. Jayani 08 APEAL871.2021.doc
Additional Sessions Judge & District Judge-5, Kolhapur has held the
Applicant guilty of offence under Section 307, 353 and 504 of the
Indian Penal Code and sentenced him to undergo rigorous
imprisonment for five years and to pay fine of Rs.2,000/- in default to
undergo simple imprisonment for one month in respect of offence
under section 307 of the Indian Penal Code. The Applicant is ordered
to undergo rigorous imprisonment for three years in respect of offence
under Section 353 and one year in respect of offence under section 504
of the Indian Penal Code.
3. Heard Mr. Anand S. Patil, learned counsel for the Applicant and
Mr. P.H. Gaikwad, learned APP for the State. I have perused the records
and considered the submissions advanced by the learned counsels for
the respective parties.
4. The charge against the Applicant is that on 15/08/2015, at about
07:30 a.m., at Koyana Colony, the Applicant assaulted the PW1 -
Sanjay Vasant Devkule by means of a bamboo stick with an intention of
causing his death. It is also alleged that he had abused said Sanjay and
had used criminal force against him while he was discharging his duty
as a public servant. The evidence of PW1 prima facie indicate that the
P.H. Jayani 08 APEAL871.2021.doc
Applicant had inflicted a single blow on the head of the PW1. Prima
facie, there is no material on record to indicate that the Applicant had
intended or attempted to cause the death of PW1.
5. Considering the above facts and circumstances and also the
nature of accusations and evidence in support thereof, in my
considered view, this is a fit case for suspension of substantive sentence
pending hearing of the Appeal. Hence, the Interim Application is
allowed on following terms and conditions :-
(a) Execution of substantive sentence imposed against the
Applicant by judgment dated 14/10/2021 in Sessions Case
No.2/2016, is suspended pending hearing of the Appeal ;
(b) The Applicant shall be released on bail on furnishing
P.R. Bonds in the sum of Rs.15,000/- with one or two solvent
sureties in the like amount to the satisfaction of the Trial
Court ;
(c) The Applicant shall report to the Trial Court once in
two months on the day/ date specified by the Trial Court, till
P.H. Jayani 08 APEAL871.2021.doc
the Appeal is finally disposed of ;
(d) 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 ;
(e) 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.
6. Interim Application stands disposed of accordingly.
PREETI (SMT. ANUJA PRABHUDESSAI, J.)
H JAYANI
Digitally signed by
PREETI H JAYANI
Date: 2021.10.28
11:02:44 +0530
