Devidas S/O. Shankar Kale vs The State Of Maharashtra
2022 Latest Caselaw 13450 Bom

                                                         Cri.Appln. No.2693/2019
                                       :: 1 ::


           IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                               BENCH AT AURANGABAD


              CRIMINAL APPLICATION NO.2693 OF 2019 IN
                   CRIMINAL APPEAL NO.71 OF 2019


 Devidas s/o Shankar Kale                              ... APPLICANT
          VERSUS
 The State of Maharashtra & anr.                       ... RESPONDENTS
                                .......
 Mr. Z.H. Farooqui, Advocate holding for
 Mr. N.V. Gaware, Advocate for applicant
 Mr. R.B. Bagul, A.P.P. for respondent - State
 Mr. Pankaj A. Bharat, Advocate for respondent No.2.
                                .......

                                  CORAM :        R. G. AVACHAT, AND
                                                 R. M. JOSHI, JJ.

                                  DATE     :     22nd DECEMBER, 2022.

 PER COURT :


                  By this        application,    the   applicant       is   seeking

 suspension of substantive sentence imposed against him by

 learned Additional Sessions Judge, Ahmednagar by judgment

 and order dated 10/1/2019 in Special Case No.41/2018.


 2.               Learned counsel for the applicant states that,

 there is no possibility of present appeal being taken up for

 hearing in near future and hence, the appeal will get

 frustrated if the appellant undergoes the entire sentence

 awarded to him.




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                                                         Cri.Appln. No.2693/2019
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 3.               The      learned   A.P.P.     and   learned       counsel       for

 respondent No.2 - victim opposed the said contention, citing

 the nature of injury caused by the appellant on the victim.


 4.               The appellant is sentenced to short term sentence

 and the appeal is not likely to see the light of the day in near

 future.      We find substance in the contention of the learned

 counsel for the appellant that the appeal might become

 infructuous if not being taken up during the period of entire

 sentence awarded to the appellant. In the circumstances, by

 imposing certain conditions, we are inclined to suspend the

 substantive sentence of imprisonment imposed against the

 appellant. Hence the order :


                                     ORDER

(i) The Criminal Application is allowed.

(ii) Pending the appeal, the substantive sentence of

imprisonment imposed against the present applicant by

learned Additional Sessions Judge, Ahmednagar by judgment

and order dated 10/1/2019 in Special Case No.41/2018 to

stand suspended and the applicant be released on bail on his

executing P.R. bond in the sum of Rs.15,000/- (Rupees fifteen

thousand) with one surety in the like amount.

Cri.Appln. No.2693/2019 :: 3 ::

(iii) The applicant shall not enter the limits of Pathardi

Taluka till the decision of the Criminal Appeal. The applicant

shall give the address of his residence to the Pathardi Police

Station and shall attend the concerned Police Station, once a

month i.e. on first of every month between 9.00 a.m. and

11.00 a.m. till the decision of the Criminal Appeal.

          ( R.M. JOSHI, J. )             ( R. G. AVACHAT, J. )




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