Bombay High Court
Baban Maruti Sabale vs The State Of Maharashtra on 19 January, 2022
Bench: R.P. Mohite-Dere
Digitally signed by NISHA
NISHA SANDEEP SANDEEP CHITNIS
CHITNIS Date: 2022.01.19 17:24:22
+0530
5-ia.2841.2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL INTERIM APPLICATION NO.2841 OF 2021
(FOR SUSPENSION OF SENTENCE)
IN
CRIMINAL REVISION APPLICATION NO.223 OF 2021
Baban Maruti Sabale ...Applicant
Versus
The State of Maharashtra ...Respondent
Mr. Shekhar Ingawale a/w Mr. Ranjit Hatkar i/b Mr. Pol Legal Juris, for the
Applicant.
Ms. Anamika Malhotra, A.P.P for the Respondent - State.
CORAM : REVATI MOHITE DERE, J.
DATE : 19th 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 1 st February
2018, passed by learned Judicial Magistrate First Class, Patan in Regular
N. S. Chitnis 1/4
5-ia.2841.2021.doc
Criminal Case No.132 of 2009 has been convicted for the offences
punishable under Sections 325, 323, 506 r/w 34 of the Indian Penal Code.
The maximum sentence imposed is for the offence punishable under
Section 325 r/w 34 of the Indian Penal Code i.e. of two years. The
applicant was however acquitted of the offence punishable under Sections
379, 504 r/w 34 of the Indian Penal Code. Being aggrieved by the said
Judgment and Order of conviction and sentence, the applicant preferred an
appeal before the Sessions Court at Karad. The learned Additional
Sessions Judge, Karad vide Judgment and Order dated 9th September
2021 passed in Criminal Appeal No.1 of 2018 dismissed the applicant's
appeal and as such confirmed the conviction and sentence awarded to the
applicant by the trial Court.
4. The Revision Application has been admitted by a separate
order passed today and the same is not likely to come up for the hearing in
the immediate near future. The sentence imposed is a short term sentence.
5. Considering the aforesaid, the application is allowed and the
applicant's sentence is suspended and he is enlarged on bail, pending the
N. S. Chitnis 2/4
5-ia.2841.2021.doc
hearing and final disposal of the aforesaid Revision, 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 six weeks;
ii) The Applicant shall within the said period of six weeks, furnish P.R.
Bond in the sum of Rs.15,000/- with one or two sureties in the like
amount;
iii) The Applicant shall report to the trial Court, once in six months on
the day/date specified by the trial Court, till his Revision Application is
finally disposed of;
iv) The Applicant shall keep the trial Court informed of current
address and mobile contact number and/or change of residence or mobile
details, if any, from time to time;
N. S. Chitnis 3/4
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v) If there are two consecutive defaults in appearing before the trial
Court, the learned Judge shall make a report to the High Court and the
prosecution would be at liberty to file an application seeking cancellation
of bail.
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.
N. S. Chitnis 4/4
