Bombay High Court
Ashok Banderao Patil And Ors vs State Of Maharashtra on 22 February, 2022
Bench: Prakash Deu Naik
11- IA-563-2022-in-APEAL-161-2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 563 OF 2022
IN
CRIMINAL APPEAL NO. 161 OF 2022
Ashok Banderao Patil & Ors. ...Applicants/Appellants
Versus
State Of Maharashtra ...Respondent
....
Shri. Hrishikesh Mundargi i/b Mr. Jayant Bardeskar a/w Mr.
Varun Thokal, Advocate for the Applicants/Appellants.
Mr. S.H.Yadav, APP for the Respondent - State.
CORAM : PRAKASH D. NAIK, J.
DATE : 22nd FEBRUARY, 2022.
PER COURT:
1. This is an application for suspension of sentence
and grant of bail during the pendency of Criminal Appeal No.
161 of 2022. The applicants are convicted for offence
punishable under Section 452 r/w Section 34 of Indian Penal
Code (for short "IPC") and sentenced to suffer rigorous
imprisonment for three years by each of them to pay fine of
Rs.2,000/-. They are also convicted for offences under
Sections 324 and 323 r/w Section 34 of IPC and sentenced to
undergo rigorous imprisonment for two years and six months
each respectively. All of them were acquitted for offences
under Sections 395, 326 & 504 r/w Section 34 of IPC.
Digitally
signed by
SAJAKALI
Sajakali Jamadar 1 of 3
SAJAKALI LIYAKAT
LIYAKAT JAMADAR
JAMADAR Date:
2022.02.24
12:28:37
+0530
11- IA-563-2022-in-APEAL-161-2022.doc
2. The applicants were on bail during the trial. On
the date of conviction, the sentence of imprisonment imposed
by the trial Court has been suspended in accordance with
Section 389 (3) of Cr.P.C. to enable the accused to prefer
appeal before the High Court and obtain necessary order.
3. The dispute is relating to the property. Cross
cases were registered against each other. The complaint
registered from the applicants' side has resulted in acquittal.
It is submitted that the Appellant No.4 has preferred an
appeal challenging the order of acquittal by invoking Section
378 of Cr.P.C.
4. Learned APP submitted that the accused were
convicted for the aforesaid offences. There is sufficient
evidence against the applicants.
5. Considering the factual aspects as stated above
and also in the light of the fact that the sentence of
imprisonment is of short term. The relief as prayed in this
application can be granted.
6. Hence, I pass the following order:
ORDER
i. Interim Application No. 563 of 2022 is allowed;
Sajakali Jamadar 2 of 3
11- IA-563-2022-in-APEAL-161-2022.doc
ii. During the pendency of Criminal Appeal No.161 of
2022, the sentence of imprisonment imposed vide
Judgment and order dated 29th January, 2022 passed by
learned Additional Sessions Judge, Kolhapur in Sessions
Case No.115 of 2012 is suspended and the applicants are
directed to be released on bail on executing P.R. 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 surety.
iv. The applicants shall attend the trial Court once in
six months on first Saturday of the month till the final
disposal of the appeal;
v. In the event, there are two consecutive default in
attending the trial Court, the said fact may be brought to
the notice of this Court and in such eventuality, the
prosecution will be at liberty to prefer an application for
cancellation of bail.
vi. Interim Application stands disposed of
accordingly.
(PRAKASH D. NAIK, J.)
Sajakali Jamadar 3 of 3
