Prakash @ Balasaheb Tukaram ... vs State Of Maharashtra
2023 Latest Caselaw 4235 Bom

                                     1/2                 15 APEAL 484-23.doc


    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
              CRIMINAL APPELLATE JURISDICTION
                CRIMINAL APPEAL NO. 484 Of 2023
                           WITH
             INTERIM APPLICATION NO. 1602 OF 2023
                             IN
               CRIMINAL APPEAL NO. 484 OF 2023


Prakash @ Balasaheb Tukaram Bhandare .. Appellant
                            Versus
The State of Maharashtra                         .. Respondent
                                           ...

Ms. Rui Danawala i/b Mr. Umesh Mankapure for the appellant
Mr. Y.M. Nakhawa, APP for the State.

                            CORAM: BHARATI DANGRE, J.

DATED : 26th APRIL 2023 P.C:-

APEAL No.484 of 2023

1                 Heard. Admit.

2                 Call for record and proceedings.

3                 The learned APP waive notice for respondent no.1.

IA No.1602 of 2023

4                 By the present application, the appellant/applicant

seek suspension of sentence imposed upon him in Sessions case No. 57 of 2013, where he has been convicted under Section 143,

Ashish

2/2 15 APEAL 484-23.doc

148, and 149 of IPC, and has been sentenced to undergo rigorous imprisonment for 6 months and 1 year respectively. On being convicted under Section 27 of the Arms Act, he is sentenced to undergo RI for 3 years. All the substantive sentences are directed to run concurrently.

2 Heard learned counsel for the applicant and the learned APP, and perused the impugned judgment. Since the grounds raised in the appeal deserve consideration, and it is the specific submission of the counsel for the appellant that the perverse finding has been recorded by the learned Sessions Judge as the evidence has not been rightly appreciated. However, considering the fix term of sentence, in the terms of the decision of the Hon'ble Apex Court in case of Bhagwan Rama Shinde Gosai & Ors Vs. State of Gujarat, (1999) 4 SCC 421, I deem it appropriate to grant the application by suspending the sentence and by releasing the applicant on bail on furnishing P.R. bond to the extent of Rs.25,000/- with one or two sureties of the like amount.

( SMT. BHARATI DANGRE, J.)

Ashish