Bombay High Court
Cloud Stevan Fernandis vs The State Of Maharashtra on 31 March, 2022
Bench: R.P. Mohite-Dere
NISHA Digitally signed by NISHA
SANDEEP CHITNIS
SANDEEP Date: 2022.03.31
CHITNIS 18:16:04 +0530
22-revn.115.2022w.ia.743&744.2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL REVISION APPLICATION NO.115 OF 2022
WITH
CRIMINAL INTERIM APPLICATION NO.744 OF 2022
(FOR SUSPENSION OF SENTENCE)
WITH
CRIMINAL INTERIM APPLICATION NO.743 OF 2022
(FOR BAIL)
IN
CRIMINAL REVISION APPLICATION NO.115 OF 2022
Cloud Stevan Fernandis ...Applicant
Versus
The State of Maharashtra ...Respondent
Mr. Vijay K. Shelar with Ms. Anushka Shrestha, for the Applicant.
Mr. H. J. Dedhia, A.P.P for the Respondent - State.
CORAM : REVATI MOHITE DERE, J.
DATE : 31st MARCH 2022
P.C. :
1. Heard learned counsel for the parties.
2. Rule. Rule is made returnable forthwith with the consent of
the parties and is taken up for final disposal. Learned APP waives notice
for Respondent - State.
N. S. Chitnis 1/5
22-revn.115.2022w.ia.743&744.2022.doc
3. By this revision application, the applicant has impugned the
judgment and order dated 20th April 2012, passed by the learned Judicial
Magistrate First Class, 1st Court, Kalyan, in R.C.C. No.51 of 2003, by
which, the learned Judge convicted the applicant for the alleged offence
punishable under Section 379 of the Indian Penal Code and sentenced him
to suffer rigorous imprisonment for six months and to a pay fine of
Rs.500/-, in default, to undergo further simple imprisonment for five days.
4. Learned Counsel for the applicant states that the applicant is
aged 59 years and has undergone two months imprisonment. He submits
that the applicant has been facing trial for the last 19 years and has already
suffered because of the pendency of the trial. He submits that this is first
offence of the applicant and that the applicant has no antecedents. He
submits that the applicant is full of remorse and that he has two children
who have completed their education in the Information Technology (I.T.)
field. He submits that having regard to the facts the applicant be released
on undergone sentence.
N. S. Chitnis 2/5
22-revn.115.2022w.ia.743&744.2022.doc
5. Learned APP submits that as far as merits are concerned, the
applicant was caught red-handed by the public, after he snatched the
mangalsutra. As far as sentence is concerned, he does not dispute the fact
that the applicant has no antecedents.
6. Perused the papers and the evidence on record. The incident
in question has taken place on 16th December 2002 at about 12:45 p.m.
when the complainant i.e. PW 1 was returning alongwith her children
from the school. PW 1 has alleged that one person came down from the
second floor of the staircase of their building and snatched her mangalsutra
and started running. The said person was apprehended by some persons
and handed over to the police. The trial Court convicted the applicant on
the basis of the sole testimony of PW 1. The said conviction and sentence
was confirmed by the Appellate Court. As far as the merits of the case are
concerned, learned counsel for the applicant does not press the revision
application on merits and as such it is not necessary to deal with the case in
detail.
N. S. Chitnis 3/5
22-revn.115.2022w.ia.743&744.2022.doc
7. Considering the aforesaid, the conviction of the applicant for
the offence punishable under Section 379 of the Indian Penal Code, stands
confirmed.
8. As far as the sentence is concerned, the applicant has been
sentenced to to suffer rigorous imprisonment for six months. The incident
in question is stated to have taken place in 2002 and the applicant is facing
prosecution for about 19 years. It appears that this is the first case of the
applicant and no case has been registered as against the applicant
thereafter for any offence. The applicant is aged 59 years and is suffering
from several ailments.
9. Considering the aforesaid, the applicant's sentence is reduced
from six months to that of period already undergone. However, the fine
amount is increased from Rs.500/- to Rs.10,000/-. The applicant to deposit
the fine amount of Rs.10,000/- in the trial Court. The applicant be released
forthwith from Taloja Central Jail, where he is lodged, on depositing fine
of Rs.10,000/- in the trial Court.
N. S. Chitnis 4/5
22-revn.115.2022w.ia.743&744.2022.doc
10. The Revision Application is partly allowed. Rule is made
absolute in the aforesaid terms.
11. In view of the aforesaid, the Interim Applications being
Interim Application Nos.743 and 744 of 2022, do not survive and the
same are also disposed of.
12. All concerned to act on the authenticated copy of this order.
REVATI MOHITE DERE, J.
N. S. Chitnis 5/5
