Arun Kisan Yashwante vs State Of Maharashtra And Anr
2022 Latest Caselaw 439 Bom

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                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CRIMINAL APPELLATE JURISDICTION


                                    INTERIM APPLICATION NO.102 OF 2022
                                                   IN
                                      CRIMINAL APPEAL NO.24 OF 2022


                        Arun Kisan Yashwant                            .. Applicant/
                                                                         (Orig. Accused)
                                 Versus

                        State of Maharashtra and Anr.                  .. Respondents

                                                     ......
                        Mr.Jitendra M. Pathade, Advocate for the Applicant.

                        Mr.S.V. Gavand, APP for the Respondent - State.
                                                      ......

                                                      CORAM : PRAKASH D. NAIK, J.

                                                      DATED : JANUARY 12, 2022.

                        P.C. :

                                     This is an application for suspension of sentence and

                        grant of bail. The applicant is convicted for the ofence

           Digitally
                        punishable under Sections 354 and 506 of Indian Penal Code
           signed by
           RAJESHRI
RAJESHRI
PRAKASH
           PRAKASH
           AHER         ("IPC", for short) and sentenced to sufer rigorous imprisonment
AHER       Date:
           2022.01.12
           16:06:07
           +0530
                        for two years and to pay fne of Rs.10,000/- and Rs.5,000/-,

                        respectively. The impugned judgment convicting the appellant is

                        passed by the learned District Judge-2 and Additional Sessions

                        Judge, Thane on 13th December, 2021.
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2              The sentence of imprisonment has been suspended by

trial Court by order dated 13th December, 2021 till 12th January,

2022.



3              The Appeal preferred by the appellant has been

admitted. The sentence awarded by the trial Court is of short

term.



4              Considering     the     aforesaid   circumstances,          this

application has to be allowed.



5              Hence, I pass the following order:


                             :: O R D E R ::

(i) Interim Application No.102 of 2022 is allowed;

(ii) The sentence of imprisonment awarded by the learned

District Judge-2 and Additional Sessions Judge, Thane,

vide judgment and order dated 13 th December, 2021, in

Sessions Case No.267 of 2014, 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;

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(iii) To enable the applicant to execute bond in accordance

with this order, the applicant is permitted to furnish

cash bail in the sum of Rs.20,000/-, in lieu of surety, for

a period of eight weeks;

(iv) Interim Application No.102 of 2022, stands disposed of

accordingly.

(PRAKASH D. NAIK, J.)