Kiran Mahadev Vaidya vs The State Of Maharashtra
2022 Latest Caselaw 390 Bom

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           SHAGUFTA
SHAGUFTA   Q PATHAN
Q PATHAN   Date:                                                              20-IA-3122-2021.doc
           2022.01.13
           16:33:48
           +0530

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 CRIMINAL APPELLATE JURISDICTION

                          CRIMINAL INTERIM APPLICATION NO. 3122 OF 2021
                                              IN
                          CRIMINAL REVISION APPLICATION NO. 285 OF 2021

                 Kiran Mahadev Vaidya                                  ...Applicant
                     Versus
                 The State of Maharashtra                              ...Respondent

                 Mr. Shekhar Bhise for the Applicant

                 Ms. Veera Shinde, A.P.P for the Respondent-State

                                            CORAM : REVATI MOHITE DERE, J.

(THROUGH VIDEO-CONFERENCING) TUESDAY, 11th JANUARY 2022

P.C. :

                 1            Heard learned counsel for the parties.


                 2            By this application, the applicant seeks suspension of his

sentence, directing the applicant to pay a fine of Rs. 1,75,000/-, in default,

to undergo simple imprisonment for 2 months.

3 The applicant, vide judgment and order dated 7 th April 2017

passed by the learned Judicial Magistrate First Class, Thane, in RCC No.

151/2013 was convicted for the offence punishable under Section 384 of the

SQ Pathan 1/2 20-IA-3122-2021.doc

Indian Penal Code and was sentenced to undergo RI for 6 months and to

pay compensation of Rs. 1,50,000/- to the complainant. Being aggrieved by

the said judgment and sentence, the applicant filed criminal appeal being

Criminal Appeal No. 82/2017 in the Court of the learned Additional

Sessions Judge, Thane. The learned Additional Sessions Judge, vide

judgment and order dated 7th March 2020 passed in the said appeal, partly

allowed the same. The learned Additional Sessions Judge confirmed the

conviction of the applicant for the offence punishable under Section 384 of

the IPC, however, reduced the sentence awarded to the period already

undergone and directed the applicant to pay fine of Rs.1,75,000/-, in

default, to undergo simple imprisonment for 2 months.

4 Learned counsel for the applicant states that the applicant has

deposited Rs.25,000/- in the Registry of the Sessions Court. He requests for

some additional time to deposit the balance amount of Rs.1,50,000/-.

Accordingly, the applicant to deposit the said amount of Rs. 1,50,000/- in

the Registry of this Court within 6 weeks from today. In view of the

aforesaid, the question of suspending the sentence of fine does not arise.

Application is disposed of in the aforesaid terms.

REVATI MOHITE DERE, J.

SQ Pathan                                                                            2/2