Vishnu Ashokrao Khanse vs The State Of Maharashtra
2023 Latest Caselaw 3499 Bom

                                      1                     50criappln1397.23



     IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                  BENCH AT AURANGABAD

               50 CRIMINAL APPLICATION NO.1397 OF 2023
                        IN CRI.APEAL/791/2022


Vishnu Ashokrao Khanse                                           ...Applicant

                      VERSUS

The State of Maharashtra                                      ...Respondent

                                 ...
 Advocate for Applicant : Ms. Ashwini A. Lomte h/f Mr. S.J. Salunke
            APP for Respondent-State : Mr.K.N.Lokhande
                                          ...


                                      CORAM : R. G. AVACHAT, J.

                                      DATE      : 10.04.2023.

PER COURT :


1.              This application has been moved for suspension of

substantive sentence of imprisonment.


2.              The applicant has been convicted for the offences

punishable under Sections 394 read with Section 34 of the

Indian      Penal        Code   and       sentenced    to     suffer       rigorous

imprisonment for 10 years and to pay fine with default

stipulation. As against this ten year's sentence, the applicant is

in jail for little over 4 years and about 2 months. The appeal is




::: Uploaded on - 11/04/2023                      ::: Downloaded on - 12/04/2023 05:36:03 :::
                                          2                      50criappln1397.23



of 2022. It will take time for the appeal to come for hearing by

its turn.



3.              The learned APP has strong objection to allow

application. He submits that if he is granted bail, he will commit

similar type of offences.



4.              Considering the quantum of sentence and the fact

that the applicant has already undergone imprisonment for a

period of 4 years and 2 months, this Court inclined to allow the

application. In view of the same, the following order :


                                     ORDER

(a)    The application is allowed.

(b)    Pending         the     appeal,       the   execution       of    substantive

sentences of imprisonment imposed upon the applicant by the

learned Additional Sessions Judge, Aurangabad in Sessions

Case No. 537 of 2019 by the judgment and order dated

17.10.2020, to stand suspended and the applicant be released

on bail on his executing PR bond in the sum of Rs.15,000/-

(Rupees Fifteen Thousand) with one surety in the like amount,

3 50criappln1397.23

on condition that he shall mark his presence at Kannad Police

Station, on first Saturday of each month, for next two years.

( R. G. AVACHAT ) JUDGE

mahajansb/