Bombay High Court
Subhash Tukaram Gaikar vs State Of Maharashtra on 10 March, 2022
Bench: R.P. Mohite-Dere
Digitally
signed by
SHAGUFTA
SHAGUFTA Q PATHAN 26-IA-829 & 828-2022.doc
Q PATHAN Date:
2022.03.11
17:53:42
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 829 OF 2022
(FOR SUSPENSION OF SENTENCE)
WITH
INTERIM APPLICATION NO. 828 OF 2022
(FOR BAIL)
IN
CRIMINAL REVISION APPLICATION NO. 121 OF 2022
Subhash Tukaram Gaikar ...Applicant
Versus
The State of Maharashtra ...Respondent
Mr. Satyajeet Joshi a/w Mr. Sandeep Mehendre for the Applicant
Ms. Anamika Malhotra, 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 these applications, 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
26-IA-829 & 828-2022.doc
3 The applicant, vide judgment and order dated 13 th April 2011
passed by the learned Judicial Magistrate First Class, Mangaon, Raigad,
has been convicted and sentenced as under :
- for the offence punishable under Section 324 of the Indian
Penal Code, to suffer rigorous imprisonment for 6 months and to
pay fine of Rs. 500/-, in default, to suffer simple imprisonment for
one month;
The applicant was acquitted of the offence offence punishable under
Section 323 r/w 34 of the Indian Penal Code.
4 The said judgment and order of conviction and sentence was
confirmed by the learned Additional Sessions Judge, Mangaon, Raigad,
vide judgment and order dated 28th February 2022 passed in Criminal
Appeal No. 23/2012.
5 The aforesaid revision application has been admitted by a
separate order passed today. The sentence imposed is a short term sentence
SQ Pathan 2/4
26-IA-829 & 828-2022.doc
and the revision is not likely to be heard in the immediate near future. It is
not 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 applications are 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
26-IA-829 & 828-2022.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 applications are disposed of accordingly.
8 All concerned to act on the authenticated copy of this order.
REVATI MOHITE DERE, J.
SQ Pathan 4/4
