Laxman Ramchandra Lakade vs The State Of Maharashtra And Anr
2022 Latest Caselaw 8477 Bom

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                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CRIMINAL APPELLATE JURISDICTION

                                         INTERIM APPLICATION NO.2816 OF 2022
                                                         IN
                                           CRIMINAL APPEAL NO.856 OF 2022

                       Laxman Ramchandra Lakade                           .... Applicant

                                versus

                       State of Maharashtra & Anr.                        .... Respondents
                                                         .......

                       •     Ms. Neha R. Kokare, Advocate for Applicant.
                       •     Mr. R. M. Pethe, APP for the State/Respondent No.1.

                                                 CORAM      : SARANG V. KOTWAL, J.
                                                 DATE       : 26th AUGUST, 2022

                       P.C. :


                       1.            Leave to amend to remove name of the Respondent

                            No.2. Amendment shall be carried out forthwith.



                       2.            The Applicant was convicted and sentenced for
          Digitally
          signed by
          MANUSHREE
MANUSHREE V
V         NESARIKAR
NESARIKAR Date:
          2022.08.26

                            offences punishable u/s 354 of the Indian Penal Code and 3(1)
          18:06:38
          +0530




                            (r)(w)(i) and u/s 3(2)(va) of Schedule Castes and the

                            Scheduled Tribes (Prevention of Atrocities) Act. He was

                            sentenced to different period for this offence. The maximum
                 Nesarikar
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     sentence imposed on him was for three years besides imposition

     of fine.



3.              Learned counsel for Applicant states that during trial

     the Applicant was on bail and even after his conviction the trial

     Court had suspended his sentence for a period of one month

     from the date of the impugned judgment and order. She

     submitted that the Applicant has a good case on merits.

     According to the victim her husband had passed from the same

     road. It is reflected in the cross-examination that she had

     mentioned it in the FIR and yet she did not inform this incident

     to her husband. Therefore the Applicant has a good case on

     merits.



4.              Considering these submissions and short sentence, the

     interim bail granted by the trial Court u/s 389(3) of the Cr.P.C.,

     can be continued till the Respondent No.2 is served.



5.              Hence, the following order :
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                   ORDER

(i) Issue notice to the Respondent No.2 returnable on 30/09/2022.

(ii) In addition, the Investigating Officer to inform the Respondent about pendency of the Appeal, present Application and the next date of listing. He shall make a statement regarding same on the next occasion.

(iii) Till the next date, the order passed by the trial Court suspending the Applicant's sentence, shall continue.

(iv) Stand over to 30/09/2022.

(SARANG V. KOTWAL, J.)