Bombay High Court
Ambadas Sidhram Gunnal vs State Of Maharashtra on 22 July, 2022
Bench: Makarand Subhash Karnik
Ethape 1 30A-IA-2389-2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 2389 OF 2022
IN
REVISION APPLICATION NO. 294 OF 2022
Ambadas Sidhram Gunnal ...Applicant
Versus
State Of Maharashtra ...Respondent
....
Mr. Ritesh Thobde a/w Mr. Sagar Tambe, Advocate for the
Applicant.
Mr. Arfan Sait, APP for the Respondent - State.
Digitally signed
....
by
DNYANESHWAR DNYANESHWAR
ASHOK ETHAPE ASHOK ETHAPE
Date: 2022.07.26
11:27:03 +0530
CORAM : PRAKASH D. NAIK, J.
DATE : 22nd July, 2022
PC :
1. This is an application for suspension of sentence and
grant of bail during the pendency of Criminal Revision
Application No. 294 of 2022.
2. The applicant has been convicted vide judgment and
order dated 11.09.2019 passed by 3 rd Judicial Magistrate
First Class, Solapur in RCC No. 225 of 1999. The applicant
has been convicted for the ofences punishable under
Sections 408 and 477-A of the Indian Penal Code (for short
"IPC" and vide section 248 (2) of the Cr.P.C. and sentenced
to sufer rigorous imprisonment for two years and to pay
Ethape 2 30A-IA-2389-2022.doc
fine of Rs. 2,000/- on each count. All the sentences are
directed to run concurrently.
3. The trial Court judgment has been upheld by learned
Sessions Judge Solapur, while dismissing the criminal
Appeal No. 48 of 2019, vide judgment and order dated
12.07.2022 and the applicant has been taken into custody
on that day.
4. The applicant is aged around 70 years. He was on bail
during the trial. The maximum sentence imposed by trial
Court is of two years imprisonment with fine, has been
deposited. If fine is not deposited the same shall be
deposited within a period of three weeks from the date of
his release.
5. Considering the aforesaid circumstances, Revision
Application has been admitted. The sentence of
imprisonment can be suspended and bail can be granted to
the applicant.
ORDER
(i) Interim Application No. 2389 of 2022 is allowed.
(ii) The sentence of imprisonment imposed vide judgment
and order dated 11.09.2019 passed by 3 rd JMFC, Solapur in
RCC No. 225 of 1999 and confirmed vide judgment and
order dated 12.07.2022 passed by learned Additional
Ethape 3 30A-IA-2389-2022.doc
Special Judge, Solapur in Criminal Appeal No. 48 of 2019 is
suspended and the applicant is directed to be released on
bail on executing PR 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 eight 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.
(PRAKASH D. NAIK, J.)
