Mandar Prakash Sawant vs State Of Maharashtra
2022 Latest Caselaw 13075 Bom

                                                              908-ia4297-2022 in revn442-2022.doc


                        AGK

                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CRIMINAL APPELLATE JURISDICTION

                                 INTERIM APPLICATION NO.4297 OF 2022
                                                  IN
                             CRIMINAL REVISION APPLICATION NO.442 OF 2022

                        Mandar Prakash Sawant                     ... Applicant
                                   V/s.
                        The State of Maharashtra                  ... Respondents

                        Mr. Mithilesh Mishra i/by Mr. Kaustubh Patil for the
                        applicant.
           Digitally
           signed by
           ATUL
ATUL       GANESH
GANESH     KULKARNI
KULKARNI   Date:



                        Ms. G.P. Mulekar, APP for the respondent/State.
           2022.12.16
           11:42:39
           +0530




                        Mr. S.S. Magar, ASI, Mangaon Police Station, is present.


                                                   CORAM : AMIT BORKAR, J.

                                                   DATED      : DECEMBER 15, 2022
                        P.C.:

1. The applicant who is accused having charged for offences punishable under sections 304-A, 279, 337 and 338 of the Indian Penal Code, 1860 read with section 184 of the Motor Vehicles Act, 1988. The applicant has been convicted and sentenced for charges under sections 304-A, 279, 337, 338 and 184 of the Motor Vehicles Act, 1988. The appellate Court has dismissed the appeal of the applicant. The applicant has, therefore, filed present interim application for suspension of sentence.

2. On perusal of the judgment and order passed by the Courts below, it appears that the accident occurred when the applicant was trying to overtake a vehicle and gave dash to one rickshaw.

908-ia4297-2022 in revn442-2022.doc

The Court below based on the injury certificate and evidence of the witnesses as also considering the fact that the accident resulted into death of a person confirmed the order of conviction.

3. Learned advocate for the applicant submitted that during the trial and appeal the applicant was released on bail. Considering the maximum quantum of sentence imposed was that of one year and considering the nature of allegations made against the applicant, the applicant has made out a case for suspension of sentence. Hence, following order:

a) The impugned judgment and order dated 22nd November 2022 passed by the learned District Judge-II and Additional Sessions Judge, Mangaon, Raigad in Criminal Appeal No.10 of 2013 confirming judgment and order passed by the learned Judicial Magistrate First Class in S.C.C. No.192 of 2011 dated 17th January 2013 is suspended;

b) The applicant shall be released on bail on furnishing cash surety in the amount of Rs.5,000/- (Rupees Five Thousand Only);

c) The applicant shall furnish P.R. Bond in the amount of Rs.5,000/- (Rupees Five Thousand Only) and one surety in the like amount within three (3) weeks thereafter.

4. List the interim application on 10th February 2023 along with the criminal revision application.

(AMIT BORKAR, J.)