Gaurav Girish Ananpara vs The State Of Maharashtra
2022 Latest Caselaw 4410 Bom

                                                          29-IA1345-22INREVN174-22.DOC

                                                                               Santosh
                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CRIMINAL APPELLATE JURISDICTION


                                 INTERIM APPLICATION NO. 1345 OF 2022
                                                  IN
                             CRIMINAL REVISION APPLICATION NO. 174 OF 2022

                      Gaurav Girish Ananpara                             ...Applicant
                                          Versus
                      The State of Maharashtra                        ...Respondent
SANTOSH
SUBHASH
KULKARNI
                      Mr. Nagesh Chavan, for the Applicant.
Digitally signed by
SANTOSH
                      Mr. S. R. Agarkar, APP for the State.
SUBHASH
KULKARNI
Date: 2022.04.26
18:10:56 +0530




                                               CORAM:     N. J. JAMADAR, J.
                                               DATED :    26th APRIL, 2022
                      PC:-

                      1.     The learned Counsel for the applicant seeks leave to

                      amend the cause-title.

                             Leave granted. Amendment be carried out forthwith.

                      2.     Heard the learned Counsel for the applicant and the

                      learned APP for the State.

                      3.     This application is preferred for suspension of sentence

                      and to enlarge the applicant on bail during the pendency of the

                      revision application.

                      4.     The applicant came to be prosecuted for the offences

                      punishable under Sections 354 and 354D of the India Penal

                      Code, 1860 ("IPC") in Regular Criminal Case No.98 of 2016 by a

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                                         29-IA1345-22INREVN174-22.DOC

judgment and order dated 20th July, 2017 passed by the

learned Judicial Magistrate, First Class, Pimpri, the applicant

came to be convicted for the offences punishable under Sections

354 and 354D of the IPC and sentenced to suffer simple

imprisonment for one year and pay fine of Rs.1,000/- on each

count with default stipulation.

5.     The applicant preferred an appeal being Criminal Appeal

No.383 of 2017.    The learned Additional Sessions Judge, by a

judgment and order dated 22nd April, 2022 dismissed the

appeal and affirmed the order of conviction and sentence passed

by the learned Magistrate.

6.     The learned Counsel for the applicant submits that

immediately after dismissal of the complaint, the applicant was

taken in custody so as to undergo the sentence imposed upon

him.

7.     It appears that the applicant was on bail during the

pendency of the trial as well as the appeal.        The substantive

sentence imposed upon the applicant is short one.         It is very

unlikely that the revision application can be heard before the

sentence gets over.

8.     Arguable   questions   are   also   raised in   the revision

application.

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                                           29-IA1345-22INREVN174-22.DOC

9.    It would, therefore, be expedient in the interest of justice

to suspend the sentence during the pendency of the revision

application.

10.   Hence, the following order:

                                :ORDER:

(i) The application stands allowed.

(ii) The substantive sentence imposed by the learned

Magistrate in RCC No.98 of 2016, and confirmed by

the Additional Sessions Judge in Criminal Appeal

No.383 of 2017, stands suspended till the hearing

and disposal of this revision application.

(iii) The applicant be released on bail on furnishing a

P. R. Bond in the sum of Rs.15,000/- and one or two

sureties in the like amount to the satisfaction of the

learned Magistrate.

(iv) The applicant shall regularly attend the proceedings

before this Court.

All concerned to act on an authenticated copy of this order.

[N. J. JAMADAR, J.]