Shrawan Govinda Khode vs State Of Maharashtra
2022 Latest Caselaw 2505 Bom

                                                                                  14-ia-753-2022-APEAL-225-2022.doc




                                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                   CRIMINAL APPELLATE JURISDICTION

                                                   INTERIM APPLICATION NO. 753 OF 2022
                                                                   IN
                                                     CRIMINAL APPEAL NO. 225 OF 2022

                              Shrawan Govinda Khode                             ...Applicant/Appellant
                                    Versus
                              State Of Maharashtra                              ...Respondent
                                                                        ....
                              Mr. Hardik Desai, Advocate for the Applicant/Appellant.
                              Mrs. P. N. Dabholkar, 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 pending Criminal Appeal No.225 of 2022.

                              2.                 The applicant has been convicted for offence under

                              Section 332 of Indian Penal Code (for short "IPC") and sentenced

                              to suffer rigorous imprisonment for one year with fine of

                              Rs.2,000/-.

                              3.                 The applicant was on bail during the trial.                 The

                              sentence of imprisonment has been suspended on the date of

                              conviction by the trial Court during the pendency of appeal.

                              Considering the fact that the sentence is of short term, the prayer in

                              this application can be allowed.
           Digitally signed
           by SAJAKALI
SAJAKALI   LIYAKAT
           JAMADAR
LIYAKAT    Date:
JAMADAR    2022.03.16

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           11:46:06
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                                                            14-ia-753-2022-APEAL-225-2022.doc




4.                   Hence, I pass the following order:

                                      ORDER

i. Interim Application No. 753 of 2022 is allowed;

ii. During the pendency of Criminal Appeal No.225 of 2021, the sentence of imprisonment imposed vide Judgment and order dated 12th January, 2022 passed by learned Additional Sessions Judge, Nashik in Sessions Case No.97 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. Interim Application stands disposed of accordingly.

                                              (PRAKASH D. NAIK, J.)



Sajakali Jamadar                         2 of 2