Rajendra Baliram Sonawane vs The State Of Maharashtra
2022 Latest Caselaw 5470 Bom

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               IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                     CRIMINAL APPELLATE JURISDICTION

                   INTERIM APPLICATION NO.1647 OF 2022

                                       IN

                     CRIMINAL APPEAL NO. 562 OF 2022

Rajendra Baliram Sonawane                            .....Applicant
      Vs.
The State Of Maharashtra                             .....Respondent

Ms. Rukmini Khairnar i/by Mr. Pramod Joshi for the Applicant.
Ms. S.S. Kaushik APP, for the Respondent-State.

                                 CORAM :     A. S. GADKARI, J.

                                   DATE :    16th JUNE, 2022.

P.C.:-

This is an Application for suspension of sentence and releasing

the Applicant on bail.

2 Applicant has been convicted under Section 353 of the Indian

Penal Code and under Section 184 of the Motor Vehicle Act and is

sentenced to suffer maximum simple imprisonment for six months and to

pay total fine amount of Rs.3,000/- by the learned Additional Sessions

Judge-8, Nashik in Sessions Case No.467 of 2019 by its Judgment and

Order dated 12th May, 2022.

3 Learned Advocate for the Applicant submitted that, the

Applicant was on bail during the pendency of trial and there is no report of

breach of any of the bail conditions imposed upon him. She further

ssm 2 4-ia1647.22.doc

submitted that, the Applicant has already deposited the entire fine amount

in the Registry of the Trial Court after the pronouncement of impugned

Judgment and Order.

The sentence imposed upon the Applicant is simple

imprisonment for six months and the possibility of hearing the present

Appeal on its own merits in near future is remote. The Applicant was on

bail during the pendency of Trial.

In view thereof, this Court is of the opinion that, during the

pendency of present Appeal the substantive sentence imposed upon the

Applicant can be suspended and he can be released on bail.

       4                      Hence, the following Order:-

                   (a)        Applicant be released on bail in Sessions Case No.467 of

2019 arising out of C.R. No.I-07 of 2019 registered with

Ambad Police Station, Nashik on his furnishing P.R. bond

of Rs.10,000/- with one or two local sureties in the same

amount.

(b) After his release from Jail and till final disposal of

present Appeal, the Applicant is directed to attend

Ambad Police Station, Nashik on every first Monday of

every 3rd month, i.e. 4 times in a year.

5 Application is allowed in the aforesaid terms.

                                                                         (A.S. GADKARI, J.)

            Digitally signed by                                                                   2/2
SANJIV      SANJIV
            SHARNAPPA
SHARNAPPA   MASHALKAR
MASHALKAR   Date: 2022.06.18
            11:11:18 +0530