Sachin Pradip Khade vs The State Of Maharashtra
2022 Latest Caselaw 7714 Bom

                                                                    56-IA-2593-2022.doc




                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      CRIMINAL APPELLATE JURISDICTION

                 CRIMINAL INTERIM APPLICATION NO. 2593 OF 2022
                                    WITH
                 CRIMINAL REVISION APPLICATION NO. 316 OF 2022
 Sachin Pradip Khade                                        ...Applicant
       Versus
 The State Of Maharashtra                                   ...Respondent
                                           ....
 Ms. Saili Dhuru, Advocate for the Applicant.
 Mr. S.R. Agarkar, APP for the Respondent - State.

                                 CORAM        :     PRAKASH D. NAIK, J.
                                 DATE         :     5th AUGUST, 2022.
 PER COURT:

 1.            This is an application for suspension and grant of bail during

 the pendency of the revision application preferred by the applicant

 challenging the Judgment of conviction. The applicant has been

 convicted vide Judgment and order dated 17 th July, 2015 for an

 offence under Section 324 of Indian Penal Code. He was sentenced

 to suffer imprisonment of one year and fine of Rs.15,000/-. The

 said Judgment was challenged by preferring an appeal before the

 Court of Sessions at Pune.               The appeal was dismissed vide

 Judgment and order dated 5th May, 2015.

 2.            Learned Advocate for the applicant submit that the applicant

 is taken in custody 3rd August, 2022. The applicant was on bail

 during the trial. The applicant has good case on merits. He is not


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                                                                     56-IA-2593-2022.doc




 misused the facility of bail. Even during the pendency of appeal he

 was on bail.           There are serious infirmities in the case of the

 prosecution.

 3.            Learned APP submit that there are two concurrent findings of

 conviction. The trial Court has appreciated the evidence and the

 Judgment of trial Court confirmed by the Sessions Court.

 4.            It is noted that the sentence of imprisonment is one year. The

 applicant was on bail during the trial as well as during the

 pendency of appeal. Several grounds are urged in this application

 challenging the Judgment of conviction.                The applicant is in

 custody.

 5.            Hence, this Interim Application for suspension of sentence

 can be allowed.

                                       ORDER

i. Interim Application No.2593 of 2022 is allowed.

ii. The sentence of imprisonment imposed vide Judgment

and order dated 17th July, 2015 passed by Learned J.M.F.C.,

Pune in R.C.C. No. 404552 of 2012 and confirmed by the

Sessions Court vide Judgment and order dated 5 th May, 2015

passed in Criminal Appeal No.396 of 2015 is suspended

during the pendency of Criminal Revision Application No.316

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of 2022 and the applicant is directed to be released on bail

on executing P.R. Bond in the sum of Rs.20,000/- with one or

more surety in the like amount;

iii. The applicant is permitted to furnish cash bail in the

sum of Rs.20,000/- for a period of eight weeks in lieu of

surety.

iv. The applicant shall attend the trial Court once in six

months on first Saturday of the month till the final disposal

of the appeal;

v. In the event, there are two consecutive defaults in

attending the trial Court, the said fact may be brought to the

notice of this Court and in such eventuality, the prosecution

will be at liberty to prefer an application for cancellation of

bail.

vi. Interim Application stands disposed of.

                                                      (PRAKASH D. NAIK, J.)




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