Sanjay Ravan Patil vs The State Of Maharashtra
2022 Latest Caselaw 5936 Bom

                                                                  cria1693.22
                                         1



       IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                               BENCH AT AURANGABAD


              CRIMINAL APPLICATION NO.1693 OF 2022
                               IN
                 CRIMINAL APPEAL NO.377 OF 2022


 Shri Sanjay S/o Ravan Patil
                                                          ...APPLICANT
        VERSUS

 The State of Maharashtra
                                                          ...RESPONDENT

                   ...
      Mr.Amarjitsing B. Girase Advocate for Applicant.
      Mr.S.P. Deshmukh, A.P.P. for Respondent.
                   ...

                CORAM: SMT. VIBHA KANKANWADI, J.

                 DATE :        27th JUNE, 2022

 ORDER :

1. Heard both sides.

2. This is an Application for suspension of sentence. The

learned Additional Sessions Judge, Nandurbar by Judgment and

order dated 2nd May 2022 passed in Sessions Case No.25 of

2020, convicted and sentenced the applicant / appellant thus:-

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" 1] Accused Sanjay Ravan Patil, R/o. Vaindane, Tal. Nandurbar

District Nandurbar is hereby convicted for the offence punishable

under Section 353 of the Indian Penal Code, as per the

provisions of Section 235(2) of the Code of Criminal Procedure

and he is sentenced to suffer simple imprisonment for three

months and to pay fine of Rs.500/- (Rupees five hundred only)

for the offence punishable under Section 353 of the Indian Penal

Code, in default, to suffer simple imprisonment for five days.

2] Accused Sanjay Ravan Patil, R/o. Vaindane, Tal. Nandurbar

District Nandurbar is hereby convicted for the offence punishable

under Section 332 of the Indian Penal Code, as per the

provisions of Section 235(2) of the Code of Criminal Procedure

and he is sentenced to suffer simple imprisonment for three

months and to pay fine of Rs.500/- (Rupees five hundred only)

for the offence punishable under Section 332 of the Indian Penal

Code, in default, to suffer simple imprisonment for five days.

3] Accused Sanjay Ravan Patil, R/o. Vaindane, Tal. Nandurbar

District Nandurbar is hereby convicted for the offence punishable

under Section 504 of the Indian Penal Code, as per the

provisions of Section 235(2) of the Code of Criminal Procedure

cria1693.22

and he is sentenced to suffer simple imprisonment for three

months and to pay fine of Rs.500/- (Rupees five hundred only)

for the offence punishable under Section 504 of the Indian Penal

Code, in default, to suffer simple imprisonment for five days.

4] Accused Sanjay Ravan Patil, R/o. Vaindane, Tal. Nandurbar

District Nandurbar is hereby convicted for the offence punishable

under Section 506 of the Indian Penal Code, as per the

provisions of Section 235(2) of the Code of Criminal Procedure

and he is sentenced to suffer simple imprisonment for three

months and to pay fine of Rs.500/- (Rupees five hundred only)

for the offence punishable under Section 506 of the Indian Penal

Code, in default, to suffer simple imprisonment for five days.

5] All the substantive sentences of imprisonment inflicted on

accused shall run concurrently. "

3. Taking into consideration the sentence that has been

awarded to the appellant, i.e. maximum sentence that has been

awarded is of three months and it is less likely that the matter

would be be heard finally in the near future and in view of the

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decision in Kiran Kumar vs. State of M.P., (2001) 9 SCC 211, the

sentence deserves to be suspended till the final hearing and

disposal of the Appeal. This Court, by order dated 17 th May 2022

granted interim relief to the applicant and temporarily suspended

the sentence imposed against the applicant, which deserves to

be confirmed. Hence following order is passed:-

ORDER

(I) The Application stands allowed and disposed of.

(II) The interim relief granted by this Court by order dated 17 th

May 2022 is hereby confirmed. It is clarified that the substantive

sentence imposed on the applicant / appellant by the learned

Additional Sessions Judge, Nandurar in Sessions Case No.25 of

2020, dated 2nd May 2022, is hereby suspended till the hearing

and final disposal of Criminal Appeal No.377 of 2022.

(III) The applicant / appellant - Sanjay Ravan Patil be released

on bail on executing P.B. and S.B. of Rs.15,000/- (Rupees

Fifteen Thousand), if already not released.

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(IV) The applicant / appellant shall not indulge in any criminal

activity nor shall tamper with the prosecution evidence in any

manner.

(V) The applicant / appellant shall remain present before the

learned Trial Judge once in six months, till final hearing and

disposal of the Appeal, commencing from the date he tenders

bail papers, and thereafter, the Trial Judge to fix dates for his

subsequent appearances.

(VI) In case of two consecutive defaults on the part of the

applicant / appellant to remain present before the Trial Court,

the Trial Court to inform this Court about the same, and in that

eventuality the prosecution would be at liberty to file an

application for cancellation of the bail granted to the applicant.

(VI) Bail before the Trial Court.

[ SMT. VIBHA KANKANWADI, J. ]

asb/JUNE22