Jayvant Prabhakar Bhosale vs The State Of Maharashtra And Anr
2022 Latest Caselaw 11261 Bom

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                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        CRIMINAL APPELLATE JURISDICTION

                                     INTERIM APPLICATION NO. 3431 OF 2022
                                                      IN
                                       CRIMINAL APPEAL NO. 1000 OF 2022

                       Jayvant Prabhakar Bhosale                             ..Appellant
                            Versus
                       The State of Maharashtra & Anr.                       ..Respondents

                                                   __________
                       Mr. Rahul M. More for Appellant.
                       Smt. M. R. Tidke, APP for State/Respondent No.1.
                                                   __________

                                                CORAM : SARANG V. KOTWAL, J.
                                                DATE : 21st OCTOBER 2022
                       PC :

                       1.           The Applicant is convicted by learned Assistant Sessions

                       Judge, Panvel-Raigad vide his Judgment and order dated

                       29/07/2022 passed in Sessions Case No.66 of 2020. The applicant

                       was convicted for commission of offences punishable under

                       sections 332, 353 and 506 of I.P.C. The major sentence imposed on

                       him was for one year besides imposition of fine.


                       2.           Learned counsel for the applicant submitted that the

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

          Digitally
          signed by
          VINOD
                       same. Even after his conviction the applicant is granted bail under
VINOD     BHASKAR
BHASKAR   GOKHALE
GOKHALE   Date:
          2022.10.21
          14:56:39
          +0530         Gokhale
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the provision of Section 389 of Cr.p.c. He further submitted that,

on merits he has a good case. The incident is dated 12/09/2011.

According to the first informant the incident had occurred in

presence of Vijay Gawade and Ankush Naik. According to the

prosecution case, both of them had rescued the first informant

from the attack by the applicant. However, none of these two

persons is examined. The prosecution has only examined the first

informant and the investigating officer.


3.        Learned APP submitted that the offence is proved

through the evidence of informant, however, she conceded that the

sentence is short.


4.        I have considered these submissions. On merits, the

applicant has raised arguable points. There is no plausible reason

as to why other two eye witnesses were not examined. The

sentence imposed is short. The Appeal is not likely to be decided

within that short period. Therefore, the Applicant deserves to be

released on bail. He was on bail during trial and there are no

allegations that he has misused that liberty.
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5.   Hence, the following order:


                                 ORDER

i) During pendency and final disposal of Criminal

Appeal No.1000 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.)