Bombay High Court
Namdev Kamaji Hadole vs State Of Maharashtra on 25 July, 2022
Bench: Prakash Deu Naik
1 of 3 33.IA.2404.2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.2404 OF 2022
IN
CRIMINAL REVISION APPLICATION NO.295 OF 2022
Namdev Kamaji Hadole Applicant
versus
The State of Maharashtra Respondent
Mr.GaneshGole i/by Mr.Viraj Shelatkar, Advocate for applicant.
Mr.A.D.Kamkhedkar, APP, for State.
CORAM : PRAKASH D. NAIK, J.
DATE : 25th July 2022
PC :
1. This is an application for suspension of sentence and grant of
bail during pendency of Criminal Revision Application No.295 of
2022. The applicant was convicted by the Court of Judicial
Magistrate, First Class, Roha for the offence u/s.279 and 304A of
Indian Penal Code and sentenced to suffer imprisonment of six
months and 24 months respectively on each count. He was acquitted
for the offence u/s.184 of IPC. The judgment of conviction dated
22nd October 2012 was challenged before the Court of Sessions by
preferring Criminal Appeal No.57 of 2012. Vide judgment and order
dated 12th July 2022, the appeal was partly allowed. The conviction
for offence u/s.279 of IPC was maintained, however, sentence
imposed for offence u/s.304A was modified by reducing it to simple
imprisonment for 12 months.
MANISH Digitally signed by
MANISH SURESH
2. Learned advocate for applicant submitted that applicant has
SURESH THATTE
Date: 2022.07.27
THATTE
been taken in custody on 12th July 2022. He was on bail during trial
14:47:21 +0530
2 of 3 33.IA.2404.2022.doc
as well as during pendency of appeal. The sentence is of short term.
The judgments of Courts below suffers from serious discrepancies.
The revision application may not be listed for hearing in near future.
3. Learned APP submits that Trial Court has recorded evidence
and applicant was found guilty. The Appellate Court has maintained
the conviction.
4. Having regard to the factual aspects of the matter, sentence
imposed by Appellate Court and the fact that appellant was on bail
through out, this application can be allowed.
ORDER
(i) Interim Application No.2404 of 2020 is allowed and disposed
of;
(ii) The sentence of imprisonment imposed vide judgment and
order dated 22nd October 2012 passed by Joint Judicial Magistrate,
First Class, Roha in RCC No.113 of 2010 and confirmed/modified by
Sessions Court vide judgment and order dated 12 th July 2022 passed
by Additional Sessions Judge, Mangaon, District Raigad, in Criminal
Appeal No.57 of 2012, is suspended and 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 sureties;
(iv) The applicant shall attend Trial Court once in six months on
First Saturday of the month till disposal of the Revision Application;
(vi) In the event there are two consecutive defaults in attending
the Trial Court, the Trial Court shall submit report to this Court;
3 of 3 33.IA.2404.2022.doc
(vii) In the event of default committed by the applicant in attending
the Trial Court, the prosecution will be at liberty to prefer application
for cancellation of bail.
(PRAKASH D. NAIK, J.)
MST
