Bombay High Court
Rekha Digambar Jadhav vs The State Of Maharashtra on 27 May, 2022
Bench: S. G. Dige
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 1762 OF 2022
IN
CRIMINAL APPEAL NO.406 OF 2022
REKHA DIGAMBAR JADHAV
VERSUS
THE STATE OF MAHARASHTRA
...
Mr.Satej S. Jadhav, advocate for the applicant
Mr.N.T. Bhagat, APP for the respondent/State.
...
CORAM : S.G. DIGE, J.
(Vacation Court)
DATE : 27th MAY, 2022
PER COURT :-
. Heard learned counsel for the parties.
2. The learned counsel for the applicant-
accused submits that the applicant-accused has
been convicted by the learned Additional Sessions
Judge, Jalgaon under Section 332, 504 and 506 of
the Indian Penal Code and under section 130/177
of the Motor Vehilce Act. She was on bail during
the trial, hence requested to allow the
application and applicant-accused be released on
bail.
3. The learned counsel further submitted
that learned Additional Sessions Judge had
wrongly appreciated the evidence and convicted
the applicant-accused. It appears from evidence
that applicant-accused is not guilty. Applicant-
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accused has deposited the fine amount before the
trial Court.
4. The learned A.P.P. objected for
granting bail to the applicant-accused.
5. The applicant-accused has been
convicted under section 332 of the Indian Penal
Code by the learned trial Court and has sentenced
to suffer simple imprisonment for three months
and to pay a fine of Rs.500/-, in default, to
suffer simple imprisonment for 15 days. The
applicant-accused has been also convicted under
sections 504 and 506 of the Indian Penal Code and
in both the offences has sentenced to suffer
simple imprisonment for 15 days and to pay fine
of Rs.200/- and Rs.300/- respectively, and in
default, to suffer simple imprisonment for 15
days. The applicant-accused has also been
convicted under section 130/177 of the Motor
Vehicle Act and sentenced to pay fine of
Rs.100/-, in default, to suffer simple
imprisonment for 15 days. The applicant was
released on bail through out the trial and there
is nothing in the impugned judgment suggesting
that she has misused the liberty. The sentence
that has been awarded is short term sentence.
6. By taking into consideration all above
aspect, it appears that the short term sentence
has been awarded. Further when the appeal is
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admitted, it will take its own time to come up
for hearing. She has deposited the fine amount.
Hence, the conviction awarded to the applicant
deserves to be suspended till the conclusion of
the appeal. Hence, I pass the following order :-
ORDER
(i) Criminal Application stands allowed.
(ii) The conviction awarded to the
applicant-appellant in Sessions Case No.294/2019
by the learned Additional Sessions Judge, Jalgaon
on 30.04.2022 is hereby suspended till the
hearing and conclusion of Criminal Appeal No.406
of 2022.
(iii) The applicant-accused shall be released
on bail on executing P.B. and S.B. of Rs.20,000/-
(Rs.Twenty Thousand only) before the trial Court.
(iv) The parties to act upon authenticated
copy of this order.
(S.G.DIGE, J.)
SGA
