Sagar Mehendra Chheda vs State Of Maharashtra And Anr
2023 Latest Caselaw 4333 Bom

2023:BHC-AS:12952

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                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                CRIMINAL APPELLATE JURISDICTION
                                INTERIM APPLICATION NO.1624 OF 2023
                                                      IN
                                  CRIMINAL APPEAL NO.492 OF 2023


               Sagar Mehendra Chheda                       ..     Applicant
                                      Versus
               The State of Maharashtra & Anr.             ..     Respondents


                                           ...
               Mr.Ganesh Bhujbal with Mr.Vinesh Jain for the Applicant.
               Mr.Anna Oommen h/f Mr.Shreeram Shirsat for the Respondent
               No.2.
               Mr.S.R.Agarkar, A.P.P. for the State.
                                                    ...
                                         CORAM: BHARATI DANGRE, J.
                                         DATED : 27th APRIL, 2023

               P.C:-


               1.      The Applicant seek suspension of sentence and release
               on bail, on being convicted for committing an offence
               punishable under Section 120-B, 420 of IPC and is sentenced
               to suffer three month's R.I. on each count. The sentences are
               directed to run concurrently.



               2.      Considering the minuscule sentence of three months
               imposed upon the Applicant, in the wake of the decision of the
               Apex Court in Bhagwan Rama Shinde Gosai & Ors. Vs. State of
               Gujarat (1999) 4 SCC 421, the sentence deserve to be
               suspended.

               M.M.Salgaonkar




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        It is also informed that the Applicant was on bail
throughout the trial and he has not misused his liberty. The
learned counsel would also submit that in case of co-accused-
Uday Singh Meena, this Court, while admitting his Appeal, has
suspended his sentence and directed his release on bail.

3.      In the wake of the above, the following order is passed.

                                 : ORDER :

1. Interim Application is allowed.

2. The sentence imposed on the Applicant under the impugned judgment dated 27/02/2023 in CBI Special Case No.78 of 2014 is suspended.

3. During the pendency of the Appeal, the Applicant is released on bail on furnishing P.R.Bond to the extent of Rs.25,000/- with one or more sureties in the like amount.

( SMT. BHARATI DANGRE, J.)

M.M.Salgaonkar