Randhir Singh Maniram Singh vs The State Of Maharashtra
2022 Latest Caselaw 38 Bom

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SHAGUFTA Q PATHAN
Q PATHAN Date:                                                            4-IA-2791 & 2792-2021.doc
         2022.01.04
         14:40:13
         +0530
                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CRIMINAL APPELLATE JURISDICTION
                                 INTERIM APPLICATION NO. 2791 OF 2021
                                                WITH
                                 INTERIM APPLICATION NO. 2792 OF 2021
                                                 IN
                             CRIMINAL REVISION APPLICATION NO.213 OF 2021


                   Randhir Singh Maniram Singh                           ...Applicant
                       Versus
                   The State of Maharashtra                              ...Respondent


                   Mr. C. J. Doveson i/b Ms. Poonam Utekar for the Applicant

                   Ms. Veera Shinde, A.P.P for the Respondent-State
                   PSI Mr. Kalekar from Samta Nagar Police Station, is present


                                             CORAM : REVATI MOHITE DERE, J.
                                             MONDAY, 3rd JANUARY 2022


                   P.C. :


                   1            Heard learned counsel for the parties.



                   2            By these applications, the applicant seeks suspension of his

                   sentence and enlargement on bail, pending the hearing and final disposal

                   of the aforesaid revision application.



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            3           The applicant, vide judgment and order dated 29 th August 2011

            passed by the learned      Metropolitan Magistrate, 17 th Court, Borivali,

            Mumbai, has been convicted for the offence punishable under Sections

            279, 338, 304(a) of the Indian Penal Code (`IPC') and Section 185(B) of

            the Motor Vehicles Act. The maximum sentence imposed is for the offence

            of Section 304(a) i.e. sentence of rigorous imprisonment for a period of 2

            years as well as fine. The said order of conviction was challenged by the

            applicant before the Sessions Court.      The learned Additional Sessions

            Judge vide judgment and order dated 12th October 2021 partly allowed the

            applicant's appeal. The learned Additional Sessions Judge was pleased to

            confirm the conviction of the applicant under Section 304(a) of the IPC.

            However, the applicant was acquitted of the offence punishable under

            Section 338 of the IPC and Section 185(B) of the Motor Vehicles Act.

            Pursuant to the said conviction, the applicant was taken into custody.


            4           Against the said conviction, the applicant has preferred the

            aforesaid revision.   This Court, vide order dated 22nd November 2021

            admitted the aforesaid revision application. The sentence imposed is a

            short term sentence and the appeal is not likely to be heard in the

            immediate near future.



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            5            Considering the aforesaid, the applications are allowed and the

            applicant's sentence is suspended and he is enlarged on bail, pending the

            hearing and final disposal of his revision application, on the following

            terms and conditions :

                                                ORDER

(i) The applicant be released on cash bail in the sum of

Rs.15,000/-, for a period of eight weeks;

(ii) The applicant shall within the said period of eight weeks,

furnish P.R. Bond in the sum of Rs.15,000/- with one or two local

sureties in the like amount;

(iii) The applicant shall report to the Sessions Court, once in six

months on the day/date specified by the Sessions Court, till his appeal

is finally disposed of;

(iv) The applicant shall keep the Sessions Court informed of his

current address and mobile contact number and/or change of

residence or mobile details, if any, from time to time.

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            6           The Interim Application Nos. 2791/2021 and 2792/2021 are

            disposed of in the aforesaid terms.


            7           All concerned to act on the authenticated copy of this order.




                                                  REVATI MOHITE DERE, J.




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