Bombay High Court
Sudharshan Prakash Patil vs The State Of Maharashtra on 27 October, 2021
Bench: Anuja Prabhudessai
Megha 505_ia_2625_2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.2625 OF 2021
Digitally
signed by
MEGHA MEGHA S
PARAB
S
IN
Date:
PARAB 2021.10.28
11:33:47
+0530
CRIMINAL APPEAL NO.883 OF 2021
WITH
CRIMINAL APPEAL NO.883 OF 2021
Sudharshan Prakash Patil ...Applicant
Versus
The State of Maharashtra ...Respondent
....
Mr. Nitesh Mohite for the Applicant.
Mr. P.H. Gaikwad, APP for the Respondent-State.
CORAM : SMT. ANUJA PRABHUDESSAI, J.
DATED: 27th OCTOBER, 2021.
P.C.:-
Not on board. Taken on board on the ground of urgency.
CRIMINAL APPEAL NO.883 OF 2021:-
2. Heard. Admit.
3. 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 NO.2625 OF 2021:-
Megha 505_ia_2625_2021.doc
4. This is an application under Section 389 of the Code of Criminal
Procedure, 1973 for suspension of sentence imposed by judgment dated
01/10/2021 passed by learned Additional Sessions Judge, Palghar in Sessions
Case No.68 of 2017 and to enlarge the Applicant on bail.
5. By the impugned judgment, the learned Judge has held the
Applicant guilty of ofence under Section 323 of the IPC and sentenced to
sufer simple imprisonment for six months and to pay fne of Rs.500/- i/d. to
sufer simple imprisonment for two months.
6. The sentence is a short term sentence. The Appeal is already
admitted. Considering the large pendency and the situation arising due to
Covid-19 pandemic, it will not be possible to take up the appeal for fnal
hearing in the immediate future.
7. Considering the above fact so also considering the nature of
accusation against the Applicant, in my considered view this is a ft case to
suspend the 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 01/10/2021 in Sessions Case No.68 of
2017 is suspended pending disposal of the appeal.
Megha 505_ia_2625_2021.doc
(ii) The Applicant is ordered to be released on bail on
furnishing PR bonds in the sum of Rs.10,000/- with one
or two sureties in the like amount.
(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.
8. The application stands disposed of.
(SMT. ANUJA PRABHUDESSAI, J.)
