Ramchandra Apparao Waghmare vs The State Of Maharashtra
2021 Latest Caselaw 15374 Bom

Citation : 2021 Latest Caselaw 15374 Bom
Judgement Date : 26 October, 2021

Bombay High Court

Ramchandra Apparao Waghmare vs The State Of Maharashtra on 26 October, 2021

Bench: Anuja Prabhudessai

P.H. Jayani                                        503 REVN200.2021.doc

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CRIMINAL APPELLATE JURISDICTION

                 INTERIM APPLICATION NO. 2609 OF 2021
                                  IN
                 REVISION APPLICATION NO. 200 OF 2021
                                WITH
                 REVISION APPLICATION NO. 200 OF 2021

Ramchandra Apparao Waghmare                    .... Applicant
           v/s.
The State of Maharashtra                       .... Respondent

Mr. Ritesh Thobde for the Applicant.
Mr. P.H. Gaikwad, APP for the State.


                        CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 26th OCTOBER, 2021.

P. C. :-

ORDER IN INTERIM APPLICATION NO. 2609 OF 2021 :-

. Not on board. Upon mentioning, taken on production board.

2. This is an Application under Section 389 of Cr.P.C. filed by the

aforesaid Application for suspension of substantive sentence imposed

by judgment dated 04/10/2021 in Criminal Appeal No.18/2019. The

learned Magistrate has held the Applicant guilty of offence under

Sections 323, 427 and 354-B of the Indian Penal Code. In an Appeal,

the learned Sessions Judge has acquitted the Applicant of offence

P.H. Jayani 503 REVN200.2021.doc

under Section 323, 427 and 354-B of the Indian Penal Code and

maintained conviction in respect of offence under Section 452 of the

Indian Penal Code and further held him guilty of offence under Section

354 of the Indian Penal Code. The Applicant has been sentenced to

undergo simple imprisonment for one year for offence under Section

354 of the Indian Penal Code and sentence of six months for offence

under Section 452 of the Indian Penal Code.

3. The sentence imposed is a short term imprisonment. Considering

the large pendency of the cases and also the present situation arising

from Covid-19 pandemic, it will not be possible to take up the Revision

Application for hearing in immediate future. In view of the above and

also considering the nature of the accusations and evidence in support

thereof, this is a fit case for suspension of substantive sentence pending

hearing of the Revision Application. Hence, the Interim Application is

allowed on following terms and conditions :-

(a) Execution of substantive sentence imposed against the

Applicant by judgment dated 04/10/2021 in Criminal Appeal

No.18/2019, is suspended pending hearing of the

Application ;

                       P.H. Jayani                                               503 REVN200.2021.doc

                                    (b)       The Applicant shall be released on bail on furnishing

P.R. Bonds in the sum of Rs.10,000/- 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

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.