Pramod Gajanan Bhoir vs State Of Maharashtra And Anr
2022 Latest Caselaw 12151 Bom

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                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CRIMINAL APPELLATE JURISDICTION

                                   INTERIM APPLICATION NO. 3913 OF 2022
                                                    IN
                                     CRIMINAL APPEAL NO. 1146 OF 2022

                     Pramod Gajanan Bhoir                                   ..Applicant
                          Versus
                     The State of Maharashtra & Anr.                        ..Respondents

                                                  __________
                     Mr. Saurabh Butala i/b. Harshad Sathe for Applicant.
                     Mr. S. R. Agarkar, APP for State/Respondent No.1.
                                                  __________

                                               CORAM : SARANG V. KOTWAL, J.
                                               DATE : 25th NOVEMBER 2022
                     PC :

                     1.           This is an application for bail pending final disposal of

                     the Criminal Appeal No.1146 of 2022. The applicant was convicted

                     and sentenced by learned Additional Sessions Judge, Thane vide

                     his Judgment and order dated 12/10/2022 passed in Sessions

                     Case No.530 of 2015. The applicant was convicted U/s.504 and

                     506 of the I.P.C. and under section 3(1)(x) of the Scheduled Castes

                     and Scheduled Tribes (Prevention of Atrocities) Act, 1989

                     (hereinafter referred to as 'SC & ST Act'). The sentence imposed on

        Digitally
        signed by
                     him was for 6 months besides imposition of fine.
        VINOD
VINOD   BHASKAR
BHASKAR GOKHALE
GOKHALE Date:
        2022.11.28
        10:51:49
        +0530
                      Gokhale
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2.        Learned counsel for the applicant submitted that the

applicant was on bail during trial and even after conviction he was

granted bail by the trial Court U/s.389 of the Cr.p.c. He submitted

that, on merits, the applicant has a good case. The incident

allegedly had taken place on the S. T. Stand which was a crowded

place. In spite of that, only one Amin Shaikh who was close friend

of the complaint was examined.


3.        Learned APP, on merits, opposed this application.

However, however, he conceded that the sentence is short and the

Appeal is not likely to be decided within that period.


4.        I have considered these submissions. All the issues raised

by learned counsel for the applicant will have to be decided at the

final hearing stage of the Appeal. However, the sentence imposed

is short and the Appeal is not likely to be decided within that

period. The applicant was on bail during trial and post conviction

and he has not misused the same. Considering all this, the

applicant can be granted bail during pendency and final disposal

of his Appeal.
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5.   Hence, the following order:


                                 ORDER

i) During pendency and final disposal of Criminal

Appeal No.1146 of 2022, the Applicant is directed

to be released on bail on his executing P. R. bond

in the sum of Rs.30000/- with one or two sureties

in the like amount.

ii) The Application is disposed of.

(SARANG V. KOTWAL, J.)