Sagar Ajit Mehroliya And Anr vs The State Of Maharashtra
2022 Latest Caselaw 2011 Bom

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                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CRIMINAL APPELLATE JURISDICTION


                                        INTERIM APPLICATION NO.455 OF 2022
                                                       IN
                                          CRIMINAL APPEAL NO.121 OF 2022

                      1)       Sagar Ajit Mehroliya; and
                      2)       Kapil Dayachand Saude               .. Applicants/Appellants

                               Versus

                      State of Maharashtra                         .. Respondent

                                                       ......
                      Ms.Shraddha A. Dhamale, Advocate for the Applicants/Appellants.
                      Mr.Ajay Patil, APP for the Respondent - State.
                                                       ......
                                                     CORAM :      PRAKASH D. NAIK, J.

                                                       DATED :     FEBRUARY 26, 2022.
                      P.C. :

                                     This is an application for suspension of sentence and
         Digitally
         signed by
         RAJESHRI
                      grant of bail. The appellants are convicted for the offences punishable
RAJESHRI PRAKASH
PRAKASH AHER
AHER     Date:
         2022.02.28
         14:18:58
                      under Sections 332 read with 34 of Indian Penal Code ("IPC", for
         +0530

                      short), 504 read with 34 of IPC and 506 read with 34 of IPC. The tenor

                      of the judgment also indicate that they are also convicted for the

                      offence under Section 353 of IPC. The maximum sentence imposed for

                      the conviction is one year.



                      2              The applicants were on bail during trial. On the date of

                      conviction, the sentence of imprisonment has been suspended.
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3               Considering the aforesaid circumstances, the application

for suspension of sentence and grant of bail can be allowed:


                                 :: O R D E R ::

(i) Interim Application No.455 of 2022, is allowed;

(ii) The sentence of imprisonment imposed vide judgment and

order dated 29th December, 2021, passed by Additional

Sessions Judge, Nashik, in Sessions Case No.175 of 2016, 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) Applicants/appellants are permitted to furnish cash bail

security of Rs.15,000/-, each, for a period of ten weeks, in

lieu of surety;

(iv) Applicants/appellants shall attend the trial Court once in

six months on frst Saturday of the month between 11:00

a.m. to 01.00 p.m.;

(v) In the event there are two consecutive defaults in attending

the trial Court, the said fact may be brought to notice of this

Court and the prosecution is at liberty to move an

application for cancellation of bail;

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(vi) Interim Application No.455 of 2022, stands disposed of

accordingly.

(PRAKASH D. NAIK, J.)