Sandip Sadashiv Mane vs The State Of Maharashtra
2022 Latest Caselaw 4664 Bom

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                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CRIMINAL APPELLATE JURISDICTION


                                   INTERIM APPLICATION NO.1385 OF 2022
                                                   IN
                                     CRIMINAL APPEAL NO.451 OF 2022


                      Sandip Sadashiv Mane                        .. Applicant/Appellant
                            Versus
                      State of Maharashtra                        .. Respondent

                                                       ......
                      Mr.Shantanu Kadam       i/b.Mr.Gaurav    Parkar,   Advocate       for       the
                      Applicant/Appellant.

                      Mr.S.V. Gavand, APP for the Respondent - State.
                                                      ......
                                                    CORAM :     PRAKASH D. NAIK, J.

                                                     DATED :      MAY 02, 2022.

                      P.C. :

                                  This is an application for suspension of sentence and

                      grant of bail during the pendency of Criminal Appeal No.451 of 2022.



                      2           The applicant has been convicted for the offence

                      punishable under Section 353 of IPC, and, sentenced to suffer
         Digitally
         signed by
         RAJESHRI
RAJESHRI PRAKASH
                      imprisonment of one year. He is also convicted for the offence under
PRAKASH AHER
AHER     Date:

                      Section 332 of IPC, and, sentenced to suffer imprisonment of one year.
         2022.05.04
         16:40:05
         +0530



                      Both the sentences were directed to run concurrently. He is acquitted

                      for the offences punishable under Sections 341, 504 and 506 of IPC.

                      All the sentences were directed to run concurrently.
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3               The sentence is of short term. The applicant/appellant

was on bail during the trial. The sentence of imprisonment has been

suspended by the trial Court in accordance with Section 389 of Cr.P.C.

on 14th March, 2022, for a temporary period, till the Appeal period is

over. The said order has been complied by the applicant/appellant and

bail bond has been executed.



4               Hence, the application for suspension of sentence can be

allowed.



5               Hence, I pass the following order:


                                :: O R D E R ::

(i) Interim Application No.1385 of 2022, is allowed;

(ii) During the pendency of Criminal Appeal No.451 of 2022,

the sentence of imprisonment imposed vide judgment and

order dated 14th March, 2022, passed by Ad-hoc Additional

Sessions Judge, Raigad Alibag, in Sessions Case No.95 of

2019, is suspended and the applicant/appellant is directed

to be released on same bail as in the trial Court, with fresh

bonds;

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(iii) Applicant/appellant shall attend the trial Court once in six

months on frst Saturday of the month, till disposal of

Appeal;

(iv) In the event of 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 is at liberty

to move an application for cancellation of bail;

(v) Interim Application No.1385 of 2022, stands disposed of

accordingly.

(PRAKASH D. NAIK, J.)