Bombay High Court
Nirmala Prakash Arun vs The State Of Maharashtra on 27 June, 2022
Bench: V. V. Kankanwadi
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1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO.1823 OF 2022
IN
CRIMINAL APPEAL NO.419 OF 2022
Nirmala Prakash Arun
...APPLICANT
VERSUS
The State of Maharashtra
...RESPONDENT
...
Mr.Amol S. Gandhi Advocate for Applicant.
Mr.B.V. Virdhe, A.P.P. for Respondent.
...
CORAM: SMT. VIBHA KANKANWADI, J.
DATE : 27th JUNE, 2022
ORDER :
1. Heard both sides.
2. Perused the order passed by the learned Sessions Judge,
Beed in Sessions Case No.305 of 2019. The learned Sessions
Judge, Beed by Judgment and order dated 11 th April 2022
convicted and sentenced the applicant / appellant thus:-
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" 1] Accused Nirmala Prakash Arun, R/o. Near
Tahsil Godown, Tahasil Camp, Georai, Tq-Georai,
Dist.Beed, is convicted of the offence punishable
under Section 332 of the Indian penal Code, vide
Section 235(2) of the Code of Criminal Procedure
and to suffer R.I. for two (02) year as well as to
pay fine of Rs. 500/- (Rs. Five Hundred only), in
default to suffer further RI for (01) month.
2] Accused Nirmala Prakash Arun, R/o. Near
Tahsil Godown, Tahasil Camp, Georai, Tq-Georai,
Dist.Beed, convicted for the offence punishable
under Section 506 of the Indian penal Code, vide
Section 235(2) of the Code of Criminal Procedure
and to suffer R.I. for one (01) year as well as to
pay fine of Rs. 500/- (Rs. Five Hundred only), in
default to suffer further RI for (01) month. "
3. Though the learned Advocate appearing for the appellant
has not annexed copies of depositions, yet taking into
consideration the sentence that has been awarded to the
appellant, i.e. maximum sentence that has been awarded is of
two years and it is less likely that the matter would be be heard
finally in the near future and in view of the decision in Kiran
kumar vs. State of M.P., (2001) 9 SCC 211, the sentence
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deserves to be suspended till the final hearing and disposal of
the Appeal. Hence following order:-
ORDER
(I) The Application stands allowed and disposed of.
(II) The substantive sentence imposed on the applicant /
appellant by the learned Sessions Judge, Beed in Sessions Case
No.305 of 2019, dated 11th April 2022, is hereby suspended till
the hearing and final disposal of Criminal Appeal No.419 of 2022.
(III) The applicant / appellant - Nirmala Prakash Arun be
released on bail on PR Bond of Rs.50,000/- (Rupees Fifty
Thousand) with two solvent sureties of Rs.25,000/- (Rupees
Twenty Five Thousand) each.
(IV) The applicant / appellant shall not indulge in any criminal
activity nor shall tamper with the prosecution evidence in any
manner.
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(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 she tenders
bail papers, and thereafter, the Trial Judge to fix dates for her
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.
(VII) Bail before the Trial Court.
[ SMT. VIBHA KANKANWADI, J. ]
asb/JUNE22
