Mukesh Prakash Salunkhe vs The State Of Maharashtra
2022 Latest Caselaw 1544 Bom

                      rpa                            1/3           27 apeal 334 2020.doc


                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CRIMINAL APPELLATE JURISDICTION


                                       CRIMINAL APPEAL NO.334 OF 2020


                      Mukesh Prakash Salunkhe                            .. Appellant
                            Versus
                      State of Maharashtra                               .. Respondent

                                                        ......
                      None for the Appellant.
                      Mr.Arfan Sait, APP for the Respondent - State.
                      PSI Vaarik, V.B. Nagar Police Station, Mumbai, present.
                                                        ......

                                                      CORAM :     PRAKASH D. NAIK, J.

                                                      DATED :     FEBRUARY 15, 2022.

                      P.C. :

Applicant has been convicted vide judgment and order

dated 29th January, 2020, by Additional Sessions Judge Greater

Bombay, for the offences punishable under Sections 323, 324, 326 and

148 read with Section 149 of IPC, and, sentenced to undergo

imprisonment of three months, under Sections 4 and 25 of Arms act

and Section 37(1)(a) and 135 of Maharashtra Police Act.

Digitally signed by RAJESHRI RAJESHRI PRAKASH PRAKASH AHER 2 Appellant has preferred an application for suspension of AHER Date:

2022.02.17 16:20:31 +0530 sentence before this Court, which has been dismissed for want of

prosecution by order dated 15th December, 2021. The Sessions Judge rpa 2/3 27 apeal 334 2020.doc

was directed to take steps to apprehend the applicant for serving the

sentence and to report this Court accordingly.

3 Since the sentence of imprisonment has not been

suspended by this Court, the appellant ought to have been taken into

custody or the conviction warrant could have been issued against him

for undergoing the sentence. The report dated 14 th February, 2022, is

received from the trial Court stating that the learned Sessions Judge

had called for the report of Writ Section of the Court about whether

any other connecting matter is pending before the High Court or

Supreme Court and the status of the matter. The report was submitted

that no intimation in that regard has been received and no report is

received about status of criminal Appeal No.334 of 2020. The Sessions

Court has issued bailable warrant against the appellant with

directions to the executing police authority to serve it immediately

and report.

4 It is pertinent to note that after the judgment of

conviction passed by the learned Additional Sessions Judge, Greater

Bombay dated 29th January, 2020, it appears the sentence was

suspended and the appellant was granted bail by trial Court. However,

it could be utmost for a temporary period, till the Appeal is preferred.

rpa 3/3 27 apeal 334 2020.doc

There is no suspension of sentence by this Court during the pendency

of this Appeal. In this circumstances, the trial Court is required to

take appropriate steps for taking the appellant in custody. Stand over

to 1st March, 2022.

5 Copy of this order be forwarded to the learned Principal

Judge, Sessions Court, for taking appropriate steps.

(PRAKASH D. NAIK, J.)