Bombay High Court
Shankar Ramchandra Zinjal vs State Of Maharashtra on 18 January, 2022
Bench: R.P. Mohite-Dere
24a. IA 168-2022.doc
Digitally signed
by RUPALI
RAJESH
RUPALI WAKODIKAR
RAJESH Date:
WAKODIKAR 2022.01.19
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
16:36:04
+0530
CRIMINAL APPELLATE JURISDICTION
CRIMINAL INTERIM APPLICATION NO. 168 OF 2022
IN
CRIMINAL REVISION APPLICATION NO. 51 OF 2022
Shankar Ramchandra Zinjal ...Applicant
Versus
The State of Maharashtra ...Respondent
Mr. Amit Mane for the Applicant.
Mrs. P.P.Shinde, A.P.P for the Respondent-State.
CORAM : REVATI MOHITE DERE, J.
DATE : 18th JANUARY, 2022
(Through Video Conferencing)
P.C. :
1. Heard learned Counsel for the parties.
2. By this application, the applicant seeks suspension of his
sentence and enlargement on bail, pending the hearing and final disposal of
the aforesaid Revision Application.
3. The applicant, vide judgment and order dated 31st October,
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24a. IA 168-2022.doc
2015 passed by the Judicial Magistrate, First Class, Thane, in Criminal
Case No. 313 of 2003, was convicted for the offences punishable under
Sections 420, 467, 468, 471 of the Indian Penal Code. He submits that the
maximum sentence imposed by the Trial Court was three years. He further
submits that being aggrieved by the judgment and order passed by the Trial
Court, the applicant filed an appeal being Criminal Appeal No. 198 of
2015. He submits that the Appellate Court vide judgment and order dated
6th December, 2021 was pleased to allow the said appeal, inasmuch as, the
conviction for all the offences were maintained, however, the substantive
sentence for imprisonment was reduced and the fine amount was enhanced.
He submits that vide said judgment and order passed by the Sessions Court,
maximum sentence imposed is one year with various fine amounts. He
submits that the applicant will deposit the find amount as directed by the
Appellate Court within two months from today. Statement accepted.
4. The Revision Application has been admitted by a separate
order passed today. The sentence imposed is a short term sentence and the
revision application is not likely to be heard in the immediate near future.
5. Considering the aforesaid, the application is allowed and the
applicant's sentence is suspended and he is enlarged on bail, pending the
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24a. IA 168-2022.doc
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.20,000/-, for a period of six weeks;
ii) The Applicant shall thereafter furnish P.R. Bond in the
sum of 20,000/-, with one or two sureties in the like amount,
within a period of six weeks of his release on cash bail;
iii) The applicant to deposit the fine amount imposed by the
Appellate Court, within two months from today in the Trial Court.
iv) The applicant shall report the Trial Court, once in six
months on the day/date specified by the Trial Court, till his
Revision Application is finally disposed of;
v) The Applicant shall keep the Trial 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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24a. IA 168-2022.doc
vi) If there are two consecutive defaults in appearing before
the Trial Court, the Court shall send a report to this Court.
6. The Application is allowed in the aforesaid terms and is
accordingly disposed of.
7. All concerned to act on the authenticated copy of this order.
REVATI MOHITE DERE, J.
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