Firoj Ilai Jamadar And Ors vs The State Of Maharashtra
2022 Latest Caselaw 1599 Bom

                                                                      1                         15.IA.537.2022.doc




                                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                    CRIMINAL APPELLATE JURISDICTION

                                                   INTERIM APPLICATION NO.537 OF 2022
                                                                   IN
                                                     CRIMINAL APPEAL NO.150 OF 2022

                                     Firoz Ilai Jamadar and others                             Applicants
                                                  versus
                                     The State of Maharashtra                                  Respondent

                                     Mr.Paras D. Yadav, Advocate for applicants.
                                     Mr.S.H.Yadav, APP, for State.

                                                              CORAM :      PRAKASH D. NAIK, J.

                                                              DATE     :   16th February 2022
                                     PC :


                                     1.     This is an application for suspension of sentence and grant of
                                     bail pending Criminal Appeal No.150 of 2022. The applicant no.1 is
                                     convicted for the offence under Sections 324 and 325 of IPC and
                                     sentenced to suffer imprisonment for one year on each count. The
                                     appellant nos.2 and 3 were convicted for the offence u/s.324 of IPC
                                     and sentenced to suffer imprisonment for one year.


                                     2.     The appellants were on bail during trial.       On the date of
                                     conviction the sentence of imprisonment has been suspended by the
                                     Trial Court as per Section 389(3) of Cr.P.C till they file appeal in the
                                     High Court.


         Digitally signed by
                                     3.     Considering the fact that appellants were on bail during trial,
MANISH   MANISH SURESH
SURESH   THATTE


                                     the sentence of imprisonment is of short term and the sentence has
         Date: 2022.02.17 15:12:54
THATTE   +0530




                                     been suspended by the Trial Court on the date of conviction, this
                                     application can be allowed.
                                   2                        15.IA.537.2022.doc




                                ORDER

(i) Interim Application No.537 of 2022 is allowed and disposed of;

(ii) During pendency of Criminal Appeal No.150 of 2022, the sentence of imprisonment imposed vide judgment and order dated 11th January 2022 by learned Additional Sessions Judge and District Judge-5, Kolhapur in Sessions Case No.115 of 2010 is suspended, and the applicants are directed to be released on bail on their executing PR bond in the sum of Rs.15,000/- each with one or more sureties in the like amount;

(iii) The applicants are permitted to furnish cash bail in the sum of Rs.15,000/- each for a period of ten weeks in lieu of sureties;

(iv) The applicants shall attend Trial Court once in six months on First Saturday of the month till disposal of the Criminal Appeal;

(v) In the event there are two consecutive defaults in attending the Trial Court, the Trial Court shall submit report to this Court;

(vi) In the event of default committed by the applicant in attending the Trial Court, the prosecution will be at liberty to prefer application for cancellation of bail.

(PRAKASH D. NAIK, J.) MST