Bombay High Court
Jalindar Bharat Kumbhar vs The State Of Maharashtra on 28 March, 2022
Bench: Prakash Deu Naik
41. IA-852-2022-in-APEAL-259-2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 852 OF 2022
IN
CRIMINAL APPEAL NO. 259 OF 2022
Jalindar Bharat Kumbhar ...Applicant/Appellant
Versus
The State Of Maharashtra ...Respondent
....
Mr. Mateen Shaikh a/w Mr. Nadeem Shaikh a/w Arshad Shaikh a/w
R. Shaikh a/w S. Inamdar, Advocate for the Applicant/Appellant.
Ms. P. N. Dabholkar, APP for the Respondent - State.
Mr. Sanjay Sahare (PSI) Manpada Police Station, Present.
CORAM : PRAKASH D. NAIK, J.
DATE : 28th MARCH, 2022.
PER COURT:
1. This is an application for suspension of sentence and
grant of bail during the pendency of Criminal Appeal No.259 of
2022.
2. The applicant was tried as accused No.2 for offences
punishable under Sections 353, 332 r/w Section 34 of Indian Penal
Code (for short "IPC"). By judgment and order dated 11th February,
2022 passed by learned Additional Sessions Judge, Kalyan the
applicant was convicted for offence under Section 353 r/w Section
34 of of IPC and sentenced to suffer rigorous imprisonment for 4
years. He is also convicted for offence under Section 332 r/w
Digitally
signed by
SAJAKALI
SAJAKALI
LIYAKAT
LIYAKAT
JAMADAR
Sajakali Jamadar 1 of 3
Date:
JAMADAR 2022.03.29
18:23:51
+0530
41. IA-852-2022-in-APEAL-259-2022.doc
Section 34 of IPC and sentenced to suffer rigorous imprisonment
for 4 years. Both the sentences are directed to run concurrently.
3. Learned Advocate for the applicant submitted that the
sentence is of short term. The applicant was on bail during the
trial. He has not misused the facility of bail. There are serious
infirmities in the evidence. There is no evidence of independent
witness. Except the policeman, no other witness has supported the
prosecution case. The appeal may not come up for hearing within
short span of time.
4. Learned APP submitted that the applicant has been
convicted for the aforesaid offences. The accused were involved in
obstructing the policeman while discharging the duty. Specific role
has been attributed to the applicant.
5. It is noted that the applicant was on bail during the
trial. There is no adverse report about misuse the facility of bail.
The sentence is of short term. The appeal may not come up for
hearing immediately. Considering these circumstances, I pass the
following order:
ORDER
i. Interim Application No. 852 of 2022 is allowed;
Sajakali Jamadar 2 of 3
41. IA-852-2022-in-APEAL-259-2022.doc
ii. During the pendency of Criminal Appeal No.259 of
2022, the sentence of imprisonment imposed vide Judgment
and order dated 11th February, 2022 passed by learned
Additional Sessions Judge, Kalyan in Sessions Case No.168 of
2020 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 defaults 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 3 of 3
