Kiran Subhash Ahire vs The State Of Maharashtra
2022 Latest Caselaw 8677 Bom

                                                      :1:                         1.i-IA-2862-22.odt

                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CRIMINAL APPELLATE JURISDICTION

                                       INTERIM APPLICATION NO.2862 OF 2022
                                                       IN
                                         CRIMINAL APPEAL NO.865 OF 2022

                       Kiran Subhash Ahire                        ..... Applicant
                                   Versus
                       The State of Maharashtra                   .... Respondent

                                                    -----
                       Mr. Amit Icham, Advocate for the Applicant.
                       Mr. R.M. Pethe, APP for the Respondent-State.
                                                    -----

                                                            CORAM : SARANG V. KOTWAL, J.
                                                            DATE  : 30th AUGUST, 2022

                       P.C. :

                       1.                 This is an application for suspension of sentence

                       and release of the applicant on bail during pendency and
PRADIPKUMAR
PRAKASHRAO

                       final disposal of Criminal Appeal No.865/2022.
DESHMANE

 Digitally signed by
 PRADIPKUMAR
 PRAKASHRAO
 DESHMANE
 Date: 2022.08.30
 17:31:13 +0530


                       2.                 The applicant was convicted by the learned

                       Additional Sessions Judge, Malegaon, District-Nashik vide

                       his judgment and order dated 3.8.2022 passed in Sessions

                       Case           No.25/2020.   The     applicant   was   convicted        for

                       commission of offences punishable under Sections 353, 332

                       and 504 of the Indian Penal Code. The maximum sentence
                                                                                               1 of 3

                       Deshmane(PS)
                         :2:                       1.i-IA-2862-22.odt

imposed on him was of two years apart from imposition of

fine.

3.         Heard Shri Amit Icham, learned counsel for the

applicant and Shri R.M. Pethe, learned APP for the State.

4.         Learned counsel for the applicant submitted that

the sentence imposed on the applicant is short and the

appeal is not likely to be heard within a reasonable period.

The incident is old. It had taken place on 4.5.2013. The

applicant is falsely implicated because the informant was

trying to act beyond his duties and power.

5.         Learned APP though opposed this application on

merits, but conceded that the sentence imposed is short.

6.         The points raised in the appeal are to be decided

at the final hearing stage. The appeal is not likely to be

heard within a short period. The sentence imposed is short.

The applicant was on bail during trial and even after

conviction he was granted temporary bail by the trial Court

under Section 389(3) of Cr.P.C. Therefore, the applicant can

be released on bail during pendency and final disposal of the


                                                               2 of 3
                                :3:                       1.i-IA-2862-22.odt

appeal. Hence the following order :

                              :: O R D E R ::

i. During pendency and final disposal of Criminal

Appeal No.865/2022, the applicant is directed to

be released on bail on his furnishing P.R. bond in

the sum of Rs.30,000/- (Rupees Thirty Thousand

Only) with one or two sureties in the like amount.

ii. Interim Application is disposed of accordingly.

(SARANG V. KOTWAL, J.)

Deshmane (PS)

3 of 3