Anant Madhusudan Prabhudesai vs State Of Maharashtra And Anr
2023 Latest Caselaw 7697 Bom

2023:BHC-AS:21671



                     Diksha Rane                                           29. IA 2019-23.doc




                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               CRIMINAL APPELLATE JURISDICTION
       Digitally
       signed by
       DIKSHA                    INTERIM APPLICATION NO.2019 OF 2023
DIKSHA DINESH
DINESH RANE                                       IN
RANE   Date:
       2023.08.02
       17:25:27
                                   CRIMINAL APPEAL NO.633 OF 2023
       +0530


                     ANANT MADHUSUDAN PRABHUDESAI              ..APPLICANT
                          VS.
                     THE STATE OF MAHARASHTRA & ANR.           ..RESPONDENTS
                                               ------------
                     Adv. Harshad Bhadbhade a/w. Adv. Dileep Satale & Adv.
                     Swati Khot for the appellant.
                     Ms. Anamika Malhotra, APP for State.
                     Adv. Prashant Pawar for the respondent no.2.
                                               ------------
                                           CORAM : M. S. KARNIK, J.

DATE : AUGUST 2, 2023.

P.C. :

1. Heard learned counsel for the applicant and learned

APP for the State.

2. This is an application for suspension of sentence. The

appeal is already admitted. The applicant is convicted for

the offence punishable under Section 354(b) of the Indian

Penal Code and sentenced to undergo rigorous

imprisonment of three years and fine. The applicant is also

convicted for the offence punishable under Sections 3(1)(e)

and 3(1)(w) of the Scheduled Castes and the Scheduled

Tribes (Prevention of Atrocities) Act, 1989 and sentenced to

Diksha Rane 29. IA 2019-23.doc

undergo simple imprisonment of six months and fine. The

applicant was on bail during the trial.

3. Learned APP as well as learned counsel for the

respondent no.2 vehemently opposed the application.

4. It is pointed out that during the pendency of the trial

the applicant committed the similar offence and even

harassed the respondent no.2-victim.

5. Learned counsel for the applicant has invited my

attention to the copy of the order dated 6/3/2023 passed by

the trial Court wherein a reference has been made to the

First Information Report (FIR) registered pursuant to the

incident that had happened on 27/9/2022 and the matter is

pending trial.

6. It is seen that the parties have some dispute over the

landed property. The civil suit to that effect is pending

before the competent Civil Court.

7. The applicant was on bail during the trial. Having

perused the impugned judgment of the trial Court and

having regard to the nature of dispute, a case for

suspension of sentence is made out pending the Appeal.

Diksha Rane 29. IA 2019-23.doc

8. The sentence imposed by the trial Court stands

suspended and the applicant shall be released on bail on

furnishing P.R. bond in the sum of Rs. 25,000/- with one or

more sureties of the like amount to the satisfaction of the

trial Court.

9. The applicant is permitted to furnish cash bail surety in

the sum of Rs. 25,000/- for a period of 8 weeks in lieu of

surety.

10. The applicant shall report to the Rajapur Police Station

on every first and third Monday of the month between 11.00

a.m. and 1.00 p.m.

11. The application is disposed of.

12. Hearing of the appeal is expedited.

(M. S. KARNIK, J.)