Bombay High Court
Shailesh Dwarkanath Deshmukh vs State Of Maharashtra on 18 July, 2022
Bench: Prakash Deu Naik
512-IA-2261-2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 2261 OF 2022
IN
CRIMINAL REVISION APPLICATION NO. 286 OF 2022
Shailesh Dwarkanath Deshmukh ...Applicant
Versus
State Of Maharashtra & Anr. ...Respondents
....
Mr. Saurabh Butala a/w Ms. Manvi Sharma, Advocate for the Applicant.
Mr. Arfan Sait, APP for the Respondent - State.
CORAM : PRAKASH D. NAIK, J.
DATE : 18th JULY, 2022.
PER COURT:
1. Not on Board. Taken on Board.
2. This is an application for suspension of sentence and grant of
bail during the pendency of Criminal Revision Application No.286
of 2022.
3. The applicant has been convicted for offences punishable
under Sections 279, 337 & 338 of Indian Penal Code and Section
184 of Motor Vehicles Act. The maximum imprisonment awarded
by the trial Court is three months and the fine of Rs.3,500/-. The
appeal preferred by the appellant has been dismissed.
4. Learned Advocate for the applicant submitted that the
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by SAJAKALI
applicant was on bail during trial and also during the pendency of
SAJAKALI LIYAKAT
LIYAKAT JAMADAR
Date:
JAMADAR 2022.07.19
18:39:45 +0530
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512-IA-2261-2022.doc
appeal he has not misused the facility of bail. The accident took
place on account of darkness. The applicant was not driving rashly
and negligently. The applicant has been taken in custody on
11th July, 2022 on the day when the appeal was dismissed by the
Sessions Court.
5. Learned APP submitted that there are concurrent findings of
two Courts. The applicant has been convicted for the aforesaid
offences. There is sufficient evidence against the applicant. He
had dashed the injured and his wife from behind although, the
headlight of motorcycle was in operation. However, it is fairly
submitted that the applicant had taken the injured person to the
hospital. Considering the fact that the applicant was on bail during
the trial, the issue involved in this application and the fact that he
has has been taken in custody on 11 th July, 2022, this application
can be allowed.
6. Hence, I pass the following order:
ORDER
i. Interim Application No. 2261 of 2022 is allowed;
ii. The sentence of imprisonment imposed vide Judgment
and order dated 22nd November, 2014 passed by learned
J.M.F.C. Pali in Criminal Case No.90 of 2014 and confirming
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512-IA-2261-2022.doc
vide judgment and order dated 11 th July, 2022 passed by
Additional Sessions Judge in Criminal Appeal No.66 of 2014
are 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;
iii. The applicant is permitted to furnish cash bail in the
sum of Rs.20,000/- for a period of twelve weeks in lieu of
surety.
iv. The applicant shall attend the trial Court once in six
months on first Saturday of the month till the final disposal of
the appeal;
v. In the event, there are two consecutive defaults in
attending the trial Court, the said fact may be brought to the
notice of this Court and in such eventuality, the prosecution
will be at liberty to prefer an application for cancellation of
bail.
vi. Interim Application stands disposed of accordingly.
(PRAKASH D. NAIK, J.)
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