Dipak Machindra Pise vs The State Of Maharashtra
2023 Latest Caselaw 3344 Bom

                                                             Cri.Appln. No.1153/2023
                                         :: 1 ::


            IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                               BENCH AT AURANGABAD


               CRIMINAL APPLICATION NO.1153 OF 2023 IN
                   CRIMINAL APPEAL NO.1049 OF 2019


 Dipak Machindra Pise                                   ... APPLICANT

          VERSUS

 The State of Maharashtra                               ... RESPONDENT

                                .......
 Mr. S.R. Wakale, Advocate for applicant
 Mr. A.S. Shinde, A.P.P. for respondent, assisted by
 Mr. P.M. Salunke, Advocate holding for
 Mr. A.D. Ostwal, Advocate for intervener
                                 .......

                                  CORAM :          R.G. AVACHAT, J.

                                  DATE      :      3rd APRIL, 2023
 PER COURT :


                  Heard.        The applicant has been convicted for the

 offences punishable under Sections 307, 324, 504 and 506 read

 with Section 34 of the Indian Penal Code and Section 4/25 of

 the Arms Act.                 The maximum sentence of imprisonment

 imposed upon the applicant is 10 years and fine with default

 stipulation. This is an application for suspension of sentence of

 imprisonment pending the appeal. The present one is his third

 such application since the earlier two have been rejected. The

 last one was withdrawn in February 2019, necessarily after the




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                                                              Cri.Appln. No.1153/2023
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 Court expressed disinclination to grant the relief.



 2.               By now, the applicant is behind the bars for little

 over      four     years      as   against    the    sentence       of    ten     years

 imprisonment.            The applicant is Veterinary Doctor.                  He was

 doing private practice. Although the appeal is of the year 2019,

 the learned A.P.P. and learned Advocate for the intervener urged

 for hearing of the appeal on merits instead of granting the

 application.        The fact is, however, that, the applicant is in jail

 about half of the term of the imprisonment he is supposed to

 undergo.         The record indicates that there was a counter case.

 The husband of the informant has also been convicted for the

 offence punishable under Section 323 of the Indian Penal Code.

 His appeal is also pending.



 3.               Considering the fact that the applicant is behind the

 bars close to half of the term of imprisonment he is supposed to

 undergo, the Courtis inclined to allow the application.                          Hence

 the order :


                                      ORDER

 (i)      The application is allowed.


 (ii)     Pending        the    appeal,     the      execution      of    substantive





                                                  Cri.Appln. No.1153/2023
                                 :: 3 ::

sentences of imprisonment imposed upon the applicant by

learned Additional Sessions Judge, Ahmednagar by judgment

and order dated 6/12/2016 in Sessions Case No.331/2011 to

stand suspended and the applicant be released on bail on his

executing P.R. bond in the sum of Rs.15,000/- (Rupees fifteen

thousand) with one surety in the like amount.

(iii) The applicant shall not enter the village of the informant

for next twelve (12) months.

(iv) The applicant shall mark his attendance at the concerned

police station once a month i.e. on first Sunday of every month

between 12.00 noon to 1.00 p.m.

(R.G. AVACHAT, J.)

fmp/-