Ramesh Limbaji Dafal And Ors vs The State Of Maharashtra
2022 Latest Caselaw 4728 Bom

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                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                              CRIMINAL APPELLATE JURISDICTION

                                             INTERIM APPLICATION NO.1429 OF 2022

                               Ramesh Limbaji Dafal and others                         Applicants
                                            versus
                               The State of Maharastra                                 Respondent

                               Mr.Vinod J. Zende, Advocate for applicants
                               Mr.A.R.Kapadnis, APP, for State.

                                                        CORAM :      PRAKASH D. NAIK, J.

                                                        DATE     :   4th May 2022
                               PC :


                               1.     This is an application for suspension of sentence and grant of
                               bail during pendency of Criminal Appeal No.471 of 2022 preferred
                               by applicants challenging judgment of conviction dated 26 th March
                               2022. The applicants are convicted for the offence u/s.353 r/w 149
                               and sentenced to suffer imprisonment for 1 year each and pay fine of
                               Rs.1,000/- each. They are further convicted for offence u/s.332 r/w
                               149 of IPC and sentenced to suffer imprisonment for 1 year and pay
                               fine of Rs.1,000/- each. They are further convicted for the offence
                               u/s.504 r/w 149 of IPC and sentenced to suffer imprisonment for 6
                               months and pay fine of Rs.500/- each. They are convicted for the
                               offence u/s.37(1) R/W 135 OF Maharashtra Police Act and
                               sentenced to suffer rigorous imprisonment for 4 months and pay fine
                               of Rs.500/-. The applicants are acquitted for offence u/s.506 and for
                               offence u/s. 85(1) of Maharashtra Prohibition Act, 1958.

         Digitally signed by
MANISH
SURESH
         MANISH SURESH
         THATTE
         Date: 2022.05.06
                               2.     The applicants were on bail during trial. The sentence was
THATTE   10:38:50 +0530


                               suspended in accordance with Section 389 of Cr.PC by the Trial Court
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till the appeal period is over at the time of conviction.


3.      Considering the fact that sentence is of short term, in the facts
of the case, relief prayed in this application can be granted.


                                 ORDER

(i) Interim Application is allowed and disposed of;

(ii) The sentence of imprisonment imposed vide judgment and order dated 26th March 2022 by learned Adhoc Additional Sessions Judge, Raigad-Alibag in Sessions Case No.87 of 2019 is suspended and applicants are directed to be released on bail on their executing PR bond in the sum of Rs.15,000/- each with one or more sureties in the like amount;

(iii) The applicants are permitted to furnish cash bail in the sum of Rs.15,000/- each for a period of ten weeks in lieu of sureties;

(iv) The applicants 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 by applicants, the Trial Court shall submit report to this Court;

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

(PRAKASH D. NAIK, J.) MST