Sushma Subal Bar vs The State Of Maharashtra
2022 Latest Caselaw 2146 Bom

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                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         CRIMINAL APPELLATE JURISDICTION


                           INTERIM APPLICATION NO.110 OF 2020
                                          IN
                             CRIMINAL APPEAL NO.34 OF 2020


      Sou.Sushma Subal Bar                              .. Applicant/ Appellant
            Versus
      State of Maharashtra                              .. Respondent

                                      ......
      Mr.Raju D. Suryawanshi, Advocate for the Applicant/Appellant.
      Mr.H.J. Dedhia, APP for the Respondent - State.
                                      ......

                                          CORAM :       PRAKASH D. NAIK, J.

                                          DATED :       MARCH 02, 2022.

      P.C. :

                        This is an application for suspension of sentence and

      grant of bail. The applicant is convicted for the offence punishable

      under Sections 3, 4 and 5 of the Immoral Traffc (Prevention) Act,

      1956, and, sentenced to suffer three years rigorous imprisonment

      under Section 5, two years each under Sections 3 and 4 of the

      Immoral Traffc (Prevention) Act, 1956, vide judgment and order

      dated 25th November, 2019, passed by the learned District Judge-3

      and Additional Sessions Judge, Thane in Sessions Case No.320 of 2017.


      2                 The sentence was suspended on the date of conviction till

      24th December, 2019.




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      3                 On instructions the learned counsel for the applicant

      submits that the applicant has surrendered before the trial Court

      today and she has been taken in custody.


      4                 The applicant was on bail during the trial. The sentence

      was suspended on the date of conviction. The sentence is of short

      term. Applicant is a lady. Considering the circumstances, application

      can be allowed.


      5                 Hence, I pass the following order:


                                        :: O R D E R ::

(i) Interim Application No.110 of 2020, is allowed;

(ii) The sentence of imprisonment imposed vide judgment and

order dated 25th November, 2019, passed by the learned

District Judge-3 and Additional Sessions Judge, Thane in

Sessions Case No.320 of 2017, 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) Applicant/appellant is permitted to furnish cash bail

security of Rs.20,000/-, for a period of ten weeks, in lieu of

surety;

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(iv) The applicant/appellant shall attend the trial Court once in

six months on frst Saturday of the month, till the disposal

of Appeal;

(v) In the event there are two consecutive defaults in attending

the trial Court, the said fact may be brought to notice of this

Court, and, in such eventuality, the prosecution is at liberty

to move an application for cancellation of bail;

(vi) Interim Application No.110 of 2020, stands disposed of

accordingly.

(PRAKASH D. NAIK, J.)