Bombay High Court
Sunil Chandrashekhar Sonkamble vs The State Of Maharashtra on 31 January, 2022
Bench: Prakash Deu Naik
8 -Ia-9-2022-in-Apeal-2-2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 9 OF 2022
IN
CRIMINAL APPEAL NO. 2 OF 2022
Sunil Chandrashekhar Sonkamble ...Applicant/
Appellant
Versus
State of Maharashtra ...Respondent
....
Mr. Ujwal R. Agandsurve, Advocate for the Applicant/Appellant.
Mr. H. J. Dedhia, APP for the Respondent - State.
CORAM : PRAKASH D. NAIK, J.
DATE : 31st JANUARY, 2022.
PER COURT:
1. This is an application for suspension of sentence
and grant of bail during the pendency of Criminal Appeal
No.2 of 2022 preferred by the applicant challenging the
judgment and order dated 22 nd November, 2021 passed by the
Court of learned Additional Sessions Judge, Solapur, in
Sessions Case No.254 of 2017, convicting the applicant for
offence punishable under Section 307 of Indian Penal Code
(for short "IPC").
2. Learned Advocate for the applicant submitted
that the applicant has been sentenced to suffer rigorous
Digitally
signed by
SAJAKALI
SAJAKALI LIYAKAT
LIYAKAT JAMADAR
JAMADAR Date: Sajakali Jamadar 1 of 3
2022.02.02
10:56:11
+0530
8 -Ia-9-2022-in-Apeal-2-2022.doc
imprisonment for three years. The applicant was on bail
during the trial. He has not misused the facility of bail. On
the date of conviction the sentence was suspended by the
trial Court for a period of 60 days to enable the applicant to
prefer an appeal before the higher Court. The injured was
discharged from the hospital after a period of 4 days. There
are discrepancies in the evidence of witnesses.
3. Learned APP submitted that the injury was
inflicted on the vital part. It was of grievous nature. Specific
role has been attributed to the applicant. There is evidence of
injured witness. The applicant has been convicted for offence
under Section 307 of IPC.
4. The sentence imposed by the trial Court is of short
term. The applicant was on bail during the trial. He has not
misused the facility of bail. Even after the judgment of
conviction, the sentence was suspended by the trial Court.
5. Considering the aforesaid circumstances, this
application can be allowed.
6. Hence, I pass the following order:
ORDER
i. Interim Application No.9 of 2022 is allowed;
Sajakali Jamadar 2 of 3
8 -Ia-9-2022-in-Apeal-2-2022.doc
ii. During the pendency of Criminal Appeal No.2 of
2022, the sentence of imprisonment imposed by the
learned Additional Sessions Judge, Solapur, dated 22nd
November, 2021 in Sessions Case No.254 of 2017 is
suspended and the applicant is directed to be released on
bail on executing P.R. Bond in the sum of Rs.25,000/-
with one or more sureties in the like amount;
iii. The applicant shall attend the trial Court once in
six months on first Saturday of the month till the
disposal of appeal;
iv. The applicant is permitted to furnish cash bail
security in the sum of Rs.25,000/- for a period of ten
weeks in lieu of surety.
v. In the event of two consecutive default in
attending the trial Court, the said fact may be brought to
the notice of this Court and the prosecution will be at
liberty to prefer application for cancellation of bail.
vi. Interim Application stands disposed of
accordingly.
(PRAKASH D. NAIK, J.)
Sajakali Jamadar 3 of 3
