Ranveer Narayan Sawant vs The State Of Maharashtra And Anr
2022 Latest Caselaw 10839 Bom

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                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CRIMINAL APPELLATE JURISDICTION

                                   INTERIM APPLICATION NO. 3492 OF 2022
                                                    IN
                                     CRIMINAL APPEAL NO. 1015 OF 2022

                     Ranveer Narayan Sawant                                 ..Applicant

                            Versus

                     The State of Maharashtra & Ors.                        ..Respondents

                                                   __________

                     Mr. Meghdeep Milind Oak a/w. Diptenda Bose a/w. Anirudh
                     Gollapudi for Appellant.

                     Smt. M.R. Tidke, APP for State/Respondent No.1.
                                                __________

                                               CORAM : SARANG V. KOTWAL, J.
                                               DATE : 17th OCTOBER 2022
                     PC :

                     1.           This is an application for bail during pendency and final

                     disposal of Criminal Appeal No. 1015 of 2022 preferred by the

                     Applicant challenging the Judgment and order dated 06/09/2022

                     passed by learned Additional Sessions Judge, Satara in Sessions

                     Case No.15 of 2017. The Applicant and three others were tried for

                     commission of offences punishable under sections 307, 323, 504
        Digitally

                     and 506 r/w. 34 of I.P.C. All of them were acquitted from the
        signed by
        VINOD
VINOD   BHASKAR
BHASKAR GOKHALE
GOKHALE Date:
        2022.10.18
        10:41:23
        +0530         Gokhale
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Charges of commission of offences punishable U/s.307, 323, 504

and 506 r/w. 34 of I.P.C. Except the Applicant, others were

acquitted of all the Charges. The Applicant was convicted for

commission of offence punishable U/s.324 of I.P.C. and was

sentenced to suffer R.I. for one year and to pay a fine of Rs.5000/-

and in default of payment of fine to suffer S.I. for 6 months.


2.        Learned counsel for the applicant submitted that the

incident had occurred on the spur of moment. There was no

motive, intention or knowledge to commit this offence. Learned

Judge has rightly acquitted the applicant from Charge U/s.307 of

I.P.C. He submitted that, the applicant deserves to be acquitted on

merits. He submitted that the sentence is only of one year. The

applicant was on bail during trial and he has not misused the

same. During trial he was in custody for three months. Therefore,

out of one year he has substantially served major part of his

sentence. Even after his conviction his sentence is suspended by

learned trial Judge U/s.389 of the Cr.p.c. He, therefore, prays for

bail during pendency of his Appeal.
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3.        Learned APP opposed this application. She submitted

that the medical evidence shows that, it was a serious injury. Even

Doctor had described it as grievous injury and, therefore, bail

should not be granted to the applicant.


4.        I have considered these submissions. Though there is

force in the submission of learned APP, this can be considered only

at the stage of final hearing. The applicant was on bail during trial.

As submitted by learned counsel for the Applicant, he has

undergone substantial portion of his sentence. He is granted bail

after his conviction U/s.389 of Cr.p.c. Therefore, the applicant can

be granted bail pending his appeal. There are no allegations that

he has misused the liberty of his bail when he was on bail during

trial.


5.        Hence, the order:


                                       ORDER

i) During pendency and final hearing of Criminal

Appeal No.1015 of 2022, the applicant is directed

to be released on bail on his furnishing P. R. bond 4 of 4 03-ia-3492-22

in the sum of Rs.30,000/- with one or two

sureties in the like amount.

ii) The Application is disposed of.

(SARANG V. KOTWAL, J.)