Bombay High Court
Dhananjay Shivaji More vs The State Of Maharashtra on 1 March, 2022
Bench: Prakash Deu Naik
34. Ia-411-2022-in-Apeal-98-2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 411 OF 2022
IN
CRIMINAL APPEAL NO. 98 OF 2022
Dhananjay Shivaji More ...Applicant/Appellant
Versus
The State Of Maharashtra ...Respondent
....
Mr. Anand S. Shalgaonkar a/w Mr. Kuldeep S. Navale, Advocate
for the Applicant/Appellant
Ms. P. N. Dabholkar, APP for the Respondent - State.
CORAM : PRAKASH D. NAIK, J.
DATE : 1st MARCH, 2022.
PER COURT:
1. This is an application for suspension of sentence
and grant of bail. The applicant has been convicted vide
judgment and order dated 5th January, 2022 passed by the
learned Additional Sessions Judge, Pune, in Sessions Case
No.560 of 2015 for offence under Section 307 of Indian Penal
Code (for short "IPC") and sentenced to suffer rigorous
imprisonment for five years and to pay fine of Rs.75,000/-.
2. The case of the prosecution is that there was illicit
relationship between complainant and wife of accused. The
complainant was assaulted by the applicant by using stone
and piece of tile.
Digitally signed
by SAJAKALI
SAJAKALI LIYAKAT
JAMADAR
Sajakali Jamadar 1 of 3
LIYAKAT Date:
JAMADAR 2022.03.02
11:30:44
+0530
34. Ia-411-2022-in-Apeal-98-2022.doc
3. Learned Advocate for the applicant submitted
that there are serious discrepancies in the evidence. The
offence under Section 307 of IPC is not made out. The
medical evidence and the ocular evidence is contradictory.
The applicant was on bail during the trial. He has not
misused the facility of bail. The applicant is not in position to
deposit the fine. He may be permitted to deposit 25% of the
fine amount.
4. Learned APP submitted that the the injured had
suffered several injuries. There is sufficient evidence to
convict the applicant for offence under Section 307 of IPC.
5. The applicant has been sentenced to suffer
imprisonment for five years. He was on bail during the trial.
There is no adverse report about misusing the facility of bail.
The sentence is of short term. Taking into consideration the
evidence on record and the submissions of both the sides,
sentence of imprisonment can be suspended.
6. Hence, I pass the following order:
ORDER
i. Interim Application No. 411 of 2022 is allowed;
Sajakali Jamadar 2 of 3
34. Ia-411-2022-in-Apeal-98-2022.doc
ii. During the pendency of Criminal Appeal No.98 of
2022, the sentence of imprisonment imposed vide
Judgment and order dated 5th January, 2022 passed by
learned Additional Sessions Judge, Pune, in Sessions
Case No. 560 of 2015 is suspended and the applicant is
directed to be released on bail on executing P.R. 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 ten weeks in lieu of
surety;
iv. The applicant shall deposit the amount of
Rs.35,000/- towards the fine amount within eight weeks
from the date of release;
v. The applicant shall attend the trial Court once in
six months on first Saturday of the month till the final
disposal of the appeal;
vi. In the event, there are two consecutive default 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;
vii. Interim Application stands disposed of
accordingly.
(PRAKASH D. NAIK, J.)
Sajakali Jamadar 3 of 3
