Bombay High Court
Ankush Lalaso Chavan vs The State Of Maharashtra on 31 January, 2022
Bench: Prakash Deu Naik
10 -Ia-234-2022-in-Apeal-46-2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 234 OF 2022
IN
CRIMINAL APPEAL NO.46 OF 2022
Ankush Lalaso Chavan ...Applicant/
Appellant
Versus
State of Maharashtra ...Respondent
....
Mr. Shivshankar D. Patil, Advocate for the Applicant/Appellant.
Mr. S. H. Yadav, 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.46 of 2022.
2. The applicant has been convicted for the offences
punishable under Sections 427 and 436 of Indian Penal Code
(for short "IPC") vide judgment and order dated 3 rd
December, 2021 passed by the learned Additional Sessions
Judge Satara in Sessions Case No.151 of 2020. He has been
sentenced to suffer rigorous imprisonment for one year for
offence under Section 427 of IPC and three years for offence
Digitally
signed by
SAJAKALI
SAJAKALI LIYAKAT
LIYAKAT JAMADAR
JAMADAR Date: Sajakali Jamadar 1 of 3
2022.02.02
10:56:09
+0530
10 -Ia-234-2022-in-Apeal-46-2022.doc
under Section 436 of IPC.
3. The applicant is in custody from 29th July, 2020
till today. Thus, he is in jail for a period of about 1 year and 6
months.
4. Learned counsel for the applicant submitted that,
considering the fact that the applicant has completed the
sentence of imprisonment of one and half year, the sentence
may be suspended.
5. Learned APP submitted that there is substantial
evidence to establish the charges against the applicant. He
was not on bail during the trial.
6. It is noted that the maximum sentence imposed
by the trial Court is of three years, out of which the applicant
has undergone one and half year. The appeal may not come
up for hearing immediately. In these circumstances, the
sentence of imprisonment can be suspended.
7. Hence, I pass the following order:
ORDER
i. Interim Application No.234 of 2022 is allowed;
ii. During the pendency of Criminal Appeal No.46 of
2022, the sentence of imprisonment imposed vide order
Sajakali Jamadar 2 of 3
10 -Ia-234-2022-in-Apeal-46-2022.doc
dated 3rd December, 2021 passed by learned Additional
Sessions Judge Satara in Sessions Case No.151 of 2020 is
suspended and the applicant is directed to be released on
bail on executing P.R. Bond in the sum of Rs.20,000/-
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.20,000/- 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
