Dhanaji Dattatray Chavan vs State Of Maharashtra And Anr
2022 Latest Caselaw 3488 Bom

                                                                 1 of 2                27.IA.340.2022.doc


                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                              CRIMINAL APPELLATE JURISDICTION

                                             INTERIM APPLICATION NO.340 OF 2022
                                                             IN
                                               CRIMINAL APPEAL NO.77 OF 2022

                               Dhanaji Dattatray Chavan                                Applicant
                                     versus
                               The State of Maharashtra and another                    Respondents

                               Mr.Rahul Kate with Ms.Tejasweeta Bhosale, Advocate for applicant.
                               Mr.Ajay Patil, APP, for State.

                                                        CORAM :      PRAKASH D. NAIK, J.

                                                        DATE     :   30th March 2022
                               PC :

                               1.     By order dated 1st February 2022 interim relief was granted to
                               the applicant and notice was issued to the complainant. Notice has
                               been duly served upon complainant-respondent no.2 on 21 st March
                               2022. Office note indicate that service is effected on respondent
                               no.2. However, since respondent no.2 was not present in the Court,
                               with a view to give opportunity to respondent no.2 to appear in the
                               matter, the application was adjourned till today.


                               2.     Although respondent no.2 has been served he is not present in
                               Court either personally or through advocate. The applicant has been
                               convicted for the offences under Sections 354 and 504 of Indian
                               Penal Code and under Sections 3(1)(x) and 3(1)(xi) of Scheduled
                               Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989. He
                               has been sentenced to pay fine of Rs.1,500/- on first two counts and

MANISH   Digitally signed by
         MANISH SURESH
                               sentenced to undergo rigorous imprisonment for 2½ years for the
SURESH   THATTE


                               offences under Sections 3(1)(x) and 3(1)(xi) of SC and SC
         Date: 2022.04.01
THATTE   12:15:05 +0530




                               (Prevention of Atrocities) Act.
                                    2 of 2                  27.IA.340.2022.doc


3.      The applicant was on bail during trial.        On the date of
conviction the Trial Court has suspended the sentence of
imprisonment till the appeal period is over.


4.      The sentence awarded by the Trial Court is of short period.
The applicant has urged that there are several discrepancies in the
evidence. Considering the circumstances, interim relief granted by
order dated 1st February 2022 can be confirmed.
                                ORDER

(i) Interim Application is allowed and disposed of;

(ii) The sentence of imprisonment imposed by judgment and order 4th December 2021 passed by Additional Sessions Judge-2, Baramati, District Pune in Special Sessions Case No.21 of 2012 is suspended and applicant is directed to be released on bail on executing PR bond in the sum of Rs.25,000/- with one or more sureties in the like amount;

(iii) The applicant is permitted to furnish cash bail in the sum of Rs.25,000/- for a period of eight weeks in lieu of sureties;

(iv) The applicant shall attend Trial Court once in six months on First Saturday of the month till disposal of the Criminal Appeal;

(v) In the event there are two consecutive defaults in attending the Trial Court, the Trial Court shall submit report to this Court;

(vi) In the event of default committed by the applicant in attending the Trial Court, the prosecution will be at liberty to prefer application for cancellation of bail.

(PRAKASH D. NAIK, J.) MST