Bombay High Court
Bapurao Malhari Madane And Ors vs The State Of Maharashtra And Anr on 4 May, 2022
Bench: Prakash Deu Naik
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.929 OF 2022
IN
CRIMINAL APPEAL NO.276 OF 2022
Bapurao Malhari Madane and others Applicants
versus
The State of Maharashtra and another Respondents
Mr.VishwanathS. Talkute, Advocate for applicants.
Mr.Ajay Patil, APP, for State.
Mr.Vaibhav Gaikwad, Advocate for respondent no.2.
CORAM : PRAKASH D. NAIK, J.
DATE : 4th May 2022
PC :
1. The applicants are convicted for the offence punishable under
Section 3(1)(x) after amendment Section 3(1)(r)(s) of Scheduled
Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 as
well as for the offence under Section 504 of IPC and sentenced to
suffer rigorous imprisonment for 1 year and to pay fine of
Rs.10,000/-. They are further convicted for offences under Sections
143 and 149 of IPC and sentenced to suffer rigorous imprisonment
for 3 months and to pay fine of Rs.500/-. They are further convicted
for offences under Sections 447, 149, 420 and 149 of IPC and
sentenced to suffer imprisonment for 1 year on each count. All the
sentences were directed to run concurrently.
2. Learned advocate for applicants submitted that the applicants
Digitally signed by
MANISH
were on bail during trial. On the date of conviction the Trial Court
MANISH SURESH
SURESH THATTE
Date: 2022.05.06
THATTE 10:38:47 +0530
has suspended the sentence of imprisonment in accordance with
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Section 389 of Cr.P.C and the suspension is in operation till 17 th
March 2022.
3. Learned APP submitted that the evidence establishes
thecharges against accused. Learned advocate for respondent no.2
submit that the offence is serious. There is sufficient evidence
against applicants. The charges are proved.
4. Vide order dated 17th March 2022 notice was issued to
respondent no.2 and by way of interim relief sentence of
imprisonment was suspended. The Trial Court had also suspended
sentence of imprisonment on the date of conviction in accordance
with Section 389 of Cr.P.C. On 11th April 2022 the advocate
representing respondent no.2 had appeared and sought time to file
vakalatnama. The application was then adjourned to 25 th April 2022
since none appeared for respondent no.2. Learned advocate for
applicant was directed to serve notice of application-appeal upon
advocate for respondent no.2. Learned advocate for applicant
submit that copy of application and appeal has been served upon
advocate who had appeared on behalf of respondent no.2.
5. The sentence is of short term. The maximum sentence
imposed by the Trial Court is of 1 year. The applicant was on bail
during trial. The sentence was suspended on the date of conviction.
Hence, interim relief granted by this Court by order dated 17 th March
2022 deserves to be confirmed.
ORDER
(i) Interim Application is allowed and disposed of;
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(ii) Interim relief dated 17th March 2022 is confirmed;
(iii) During pendency of Criminal Appeal No.276 of 2022, the
sentence of imprisonment imposed vide judgment and order dated
17th February 2022 passed by learned Additional Sessions Judge,
Vaduj in Special Case No.7 of 2011 is suspended and applicants are
directed to be released on bail on executing PR bond in the sum of
Rs.15,000/- each with one or more sureties in the like amount;
(iv) The applicants are permitted to furnish cash bail in the sum of
Rs.15,000/- each;
(v) The applicant shall attend Trial Court once in six months on
First Saturday of the month till disposal of the Criminal Appeal;
(vi) In the event there are two consecutive defaults in attending
the Trial Court, the Trial Court shall submit report to this Court;
(vii) 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
