Aashish Arun Raul vs The State Of Maharashtra
2022 Latest Caselaw 2156 Bom

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                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CRIMINAL APPELLATE JURISDICTION


                                   INTERIM APPLICATION NO.1250 OF 2021
                                                   IN
                                     CRIMINAL APPEAL NO.365 OF 2021


                      Aashish Arun Raul                          .. Applicant/ Appellant
                            Versus
                      State of Maharashtra                       .. Respondent

                                                 ......
                      Mr.Varun Thokal i/b. Mr.Anshul Sontakke, Advocate for the
                      Applicant/Appellant.

                      Mr.Arfan Sait, 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, pending criminal Appeal No.365 of 2021.



                      2           The applicant has been convicted for the offence

                      punishable under Sections 353, 323 and 504 read with 34 of Indian

                      Penal Code ("IPC", for short). He is sentenced to suffer rigorous

                      imprisonment for one year for offence under Section 353 of IPC, three

                      months for the offence under Section 323, and, three months for the

                      offence punishable under Section 504 of IPC by judgment and order
         Digitally
         signed by
         RAJESHRI     dated 6th March, 2021.
RAJESHRI PRAKASH
PRAKASH AHER
AHER     Date:
         2022.03.02
         17:55:18
         +0530
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3               The sentence of imprisonment has been suspended by the

trial Court on the day of conviction. The applicant was surrendered to

custody today. Learned counsel for the applicant produced the copy of

the application and the order passed by the trial Court indicating that

the applicant is surrendered to custody. The application preferred by

the accused no.1 seeking suspension of sentence has been allowed and

he has been granted bail.


4               Considering the fact that the maximum sentence imposed

by the trial Court is one year, the sentence of imprisonment may be

suspended.


5               Hence, I pass the following order:


                                :: O R D E R ::

(i) Interim Application No.1250 of 2021, is allowed;

(ii) The sentence of imprisonment imposed by judgment and

order dated 6th March, 2021, passed by the District Judge-1

and Additional Sessions Judge Raigad-Alibag in Sessions

Case No.126 of 2018, 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;

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(iii) Applicant/appellant is permitted to furnish cash bail

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

surety;

(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 the prosecution is at liberty to move an

application for cancellation of bail;

(vi) Interim Application No.1250 of 2021, stands disposed of

accordingly.

(PRAKASH D. NAIK, J.)