Bombay High Court
Prakash Narayan Kolawane vs State Of Maharashtra on 10 March, 2022
Bench: R.P. Mohite-Dere
Digitally
signed by
SHAGUFTA
SHAGUFTA Q PATHAN
Q PATHAN Date: 38-IA-833-2022.doc
2022.03.11
18:38:49
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL INTERIM APPLICATION NO. 833 OF 2022
(FOR BAIL)
IN
CRIMINAL REVISION APPLICATION NO. 117 OF 2022
Prakash Narayan Kolawane ...Applicant
Versus
The State of Maharashtra ...Respondent
Mr. A. S. Rao a/w Mr. Rajat Dighe for the Applicant
Mr. A. D. Kamkhedkar, A.P.P for the Respondent-State
CORAM : REVATI MOHITE DERE, J.
THURSDAY, 10th MARCH 2022
P.C. :
1 Heard learned counsel for the parties.
2 By this application, the applicant seeks suspension of his
sentence and enlargement on bail, pending the hearing and final disposal
of the aforesaid revision.
SQ Pathan 1/4
38-IA-833-2022.doc
3 The applicant, vide judgment and order dated 30th March 2007
passed by the learned Judicial Magistrate First Class, Shahapur, in
Summary Criminal Case No. 428/1999, has been convicted and sentenced
as under:-
- for the offence punishable under Section 354 of the Indian
Penal Code, to suffer simple imprisonment for 6 months and to pay
a fine of Rs. 2,000/-, in default, to suffer simple imprisonment for 1
month.
4 The said judgment and order of conviction and sentence was
confirmed by the appellate Court i.e. learned Additional Sessions Judge,
Kalyan, Thane, vide judgment and order dated 3rd March 2022 passed in
Criminal Appeal No. 14/2007.
5 The aforesaid revision application has been admitted by order
dated 9th March 2022. The sentence imposed is a short term sentence and
the revision is not likely to be heard in the immediate near future. It is not
SQ Pathan 2/4
38-IA-833-2022.doc
in dispute that the applicant was on bail during trial and that he has not
misused or abused the conditions of bail.
6 Considering the aforesaid, the application is allowed and the
applicant's sentence is suspended and he is enlarged on bail, pending the
hearing and final disposal of his revision application, on the following
terms and conditions :
ORDER
(i) The applicant be released on cash bail in the sum of
Rs. 15,000/-, for a period of six weeks;
(ii) The applicant shall within the said period of six weeks,
furnish P.R. Bond in the sum of Rs. 15,000/- with one or two local
sureties in the like amount;
iii) The applicant shall report to the trial Court, once in six
months on the day/date specified by the trial Court, till his revision
application is finally disposed of;
SQ Pathan 3/4
38-IA-833-2022.doc
iv) The applicant shall keep the trial Court informed of his
current address and mobile contact number and/or change of
residence or mobile details, if any, from time to time;
v) If there are two consecutive defaults in appearing
before the trial Court, the learned Judge shall make a report to the
High Court and the prosecution would be at liberty to file an
application seeking cancellation of bail.
7 The application is disposed of accordingly.
8 All concerned to act on the authenticated copy of this order.
REVATI MOHITE DERE, J.
SQ Pathan 4/4
