Baban @ Suryabhan Bhagwan Ubale vs The State Of Maharashtra And Anr
2022 Latest Caselaw 9677 Bom

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        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
             CRIMINAL APPELLATE JURISDICTION

               INTERIM APPLICATION NO.3118 OF 2022
                               IN
                 CRIMINAL APPEAL NO.937 OF 2022

Baban @ Suryabhan Bhagwan Ubale                   ..... Applicant
            Versus
The State of Maharashtra & Anr.                   .... Respondents

                            -----
Mr. M.A. Choudhari, Advocate for the Applicant.
Mr. P.H. Gaikwad, APP for the Respondent No.1-State.
                            -----

                                  CORAM : SARANG V. KOTWAL, J.

                                  DATE   : 22nd SEPTEMBER, 2022
P.C. :

1.               This is an application for bail during pendency

and final disposal of the Appeal.

2.               The applicant was convicted for commission of

offence punishable under Section 323 of IPC and was

sentenced to suffer RI for one month and to pay fine of

Rs.1,000/- and in default of payment fine to suffer SI for one

month. The appellant was acquitted from the charges of

commission of offence punishable under Sections 326, 506

of IPC, under Section 3(1)(10) of the Scheduled Castes and
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Deshmane(PS)
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the Scheduled Tribes (Prevention of Atrocities) Act, 1989

and under Section 7(1)(d) of the Protection of Civil Rights

Act.     The amount of fine was directed to be paid to the

respondent No.2 under Section 357 of Cr.P.C.

3.           Heard Shri M.A. Choudhari, learned counsel for

the applicant and Shri P.H. Gaikwad, learned APP for the

State.

4.           The allegations are that the incident took place

on 3.1.2016. There are allegations that the applicant raised

dispute about the land and threatened that he would obtain

the complainant's land as well. Then he abused her with

reference to her caste. However, all these allegations were

held to be not proved, except assault on the complainant

causing injuries which would attract Section 323 of IPC.

5.           Learned counsel for the applicant submitted that

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

and even after his conviction he was granted bail by the trial

Court under Section 389(3) of Cr.P.C.

6.           Learned APP opposed the application, but, he


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                               could not controvert the fact that the sentence is very short.

                               7.                I have considered these submissions and            also

                               perused the impugned judgment. The sentence imposed on

                               the applicant is maximum of one month and the appeal is

                               not likely to be decided during that period.                The fine

                               amount, according to the learned counsel, is already paid.

                               8.                Considering these aspects, the applicant can be

                               released on bail pending appeal. Hence the following order :

                                                             :: O R D E R ::

i. During pendency and final disposal of Criminal

Appeal No.937/2022, the applicant is directed to

be released on bail on his furnishing P.R. bond in

the sum of Rs.30,000/- (Rupees Thirty Thousand

Only) with one or two sureties in the like amount.

ii. Interim Application is disposed of accordingly.

(SARANG V. KOTWAL, J.)

Deshmane (PS)

Digitally signed by PRADIPKUMAR PRADIPKUMAR PRAKASHRAO PRAKASHRAO DESHMANE DESHMANE Date:

2022.09.23 17:43:55 +0530

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