Bombay High Court
Arun Manik Pawar vs State Of Maharashtra on 3 February, 2022
Bench: R.P. Mohite-Dere
22a. IA 3141-2021.doc
Digitally
signed by
RUPALI
RUPALI
RAJESH
WAKODIKAR
RAJESH
WAKODIKAR
Date:
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
2022.02.03
17:09:34
+0530
CRIMINAL APPELLATE JURISDICTION
CRIMINAL INTERIM APPLICATION NO. 3141 OF 2021
IN
CRIMINAL REVISION APPLICATION NO. 302 OF 2021
Arun Manik Pawar ...Applicant
Versus
The State of Maharashtra ...Respondent
Mr. Shailesh Kharat for the Applicant.
Mrs. P.P.Shinde, A.P.P for the Respondent-State.
CORAM : REVATI MOHITE DERE, J.
DATE : 3rd FEBRUARY, 2022
(Through Video Conferencing)
P.C. :
1. Heard learned Counsel for the parties.
2. By this application, the applicant seeks suspension of his
sentence and enlargement on bail, pending the hearing and final disposal of
the aforesaid Revision Application.
3. The applicant, vide Judgment and Order dated 15th June, 2017
passed by the learned Judicial Magistrate, First Class, Malegaon, District
Wakodikar 1/4
22a. IA 3141-2021.doc
Nashik in R.C.C. No. 317 of 2009 has been convicted for the offence
punishable under Section 324 of the Indian Penal Code and has been
sentenced to suffer rigorous imprisonment for one year and to pay fine of
Rs.10,000/-, in default, to suffer simple imprisonment for three months.
Being aggrieved by the said Judgment and Order of conviction and
sentence, the applicant preferred an appeal before the Additional Sessions
Judge, Malegaon, District Nashik. The learned Additional Sessions Judge,
Malegaon, District Nashik vide Judgment and Order dated 28 th October,
2021 passed in Criminal Appeal No.25 of 2017, dismissed the applicant's
bail and as such, confirmed the Judgment and Order passed by the trial
Court.
4. The Revision Application has been admitted by a separate
order passed today. The sentence imposed is a short term sentence and and
the application is not likely to come up for hearing in the immediate near
future. Learned Counsel for the applicant informs that the applicant has
deposited the fine amount. The applicant was on bail pending trial and
during the pendency of his appeal before the Sessions Court and has not
misused or abused the liberty granted to him.
Wakodikar 2/4
22a. IA 3141-2021.doc
5. Considering the aforesaid, the application is allowed and the
applicant's sentence is suspended and he is enlarged on bail, pending the
hearing and final disposal of his Revision, on the following terms and
conditions;
ORDER
(i) The Applicant be released on cash bail in the sum of
Rs.15,000/- , for a period of eight weeks;
(ii) The Applicant shall thereafter furnish P.R. Bond in the
sum of 15,000/-, with one or two sureties in the like amount,
within a period of eight weeks of his release on cash bail;
(iii) The Applicant shall report to the trial Court, once in six
months on the day/date specified by the trial Court, till his
Revision Application is finally disposed of;
(iv) The Applicant shall keep the trial Court informed of
current address and mobile contact number and/or change of
residence or mobile details, if any, from time to time;
(v) If there are two consecutive defaults in appearing before
the trial Court, the learned Judge shall make a report to the High
Court and the prosecution would be at liberty to file an
application seeking cancellation of the applicant's bail.
Wakodikar 3/4
22a. IA 3141-2021.doc
6. The application is allowed in the aforesaid terms and is
accordingly disposed of.
7. All concerned to act on the authenticated copy of this order.
REVATI MOHITE DERE, J.
Wakodikar 4/4
