Amar Vasant Londhe vs The State Of Maharashtra
2022 Latest Caselaw 2504 Bom

                                                                                   21-IA-779-2022-in-Apeal-242-2022.doc




                                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                   CRIMINAL APPELLATE JURISDICTION

                                                 INTERIM APPLICATION NO. 779 OF 2022
                                                                 IN
                                                   CRIMINAL APPEAL NO. 242 OF 2022

                              Amar Vasant Londhe                                  ...Applicant/Appellant
                                    Versus
                              The State Of Maharashtra & Anr.                     ...Respondents
                                                                         ....
                              Mr. Onkar Mane, Advocate for the Applicant/Appellant
                              Mr. S. V. Sonawane, APP for the Respondent - State.


                                                       CORAM       :        PRAKASH D. NAIK, J.
                                                       DATE        :        14th MARCH, 2022.

                              PER COURT:

                              1.                 This is an application for suspension of sentence and

                              grant of bail during the pendency of Criminal Appeal No.242 of

                              2022.

                              2.                 The   applicant   has     been   convicted        for     offence

                              punishable under Section 325 of Indian Penal Code (for short

                              "IPC") and sentenced to suffer imprisonment of one year. He is

                              also convicted for offence under Section 506 of IPC and sentenced

                              to suffer imprisonment of six months.               Both the sentences are

                              directed to run concurrently.              The accused No.2 (mother of

                              applicant) has been acquitted from all the charges. The applicant

                              was on bail during the trial. Considering the fact that the sentence
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           by SAJAKALI
SAJAKALI   LIYAKAT
           JAMADAR
LIYAKAT    Date:
JAMADAR    2022.03.16

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                                                       21-IA-779-2022-in-Apeal-242-2022.doc




is of short term, case is made out for suspension of sentence and

grant of bail.

3.                    Hence, I pass the following order:

                                           ORDER

i. Interim Application No. 779 of 2022 is allowed;

ii. During the pendency of Criminal Appeal No.242 of 2022, the sentence of imprisonment imposed vide Judgment and order dated 31st January, 2022 passed by learned Additional Sessions Judge in Sessions Case No.90 of 2021 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 eight weeks in lieu of surety.

iv. The applicant shall attend the trial Court once in six months on first Saturday of the month till the final disposal of the appeal;

v. 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.

vi. The applicant shall not approach the complainant and shall not cause any harassment to her in any manner.

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vii. Interim Application stands disposed of accordingly.

                                               (PRAKASH D. NAIK, J.)




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