Anant Vyankatrao Patil vs State Of Maharashtra
2023 Latest Caselaw 8432 Bom

2023:BHC-AS:23495



                    Darshan Patil                                         902.IA.1830-23.doc


                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              CRIMINAL APPELLATE JURISDICTION

                             INTERIM APPLICATION NO.1830 of 2023
                                             IN
                               CRIMINAL APPEAL NO.567 OF 2023

                    Anant Vyankatrao Patil                  ..Applicant
                          VS.
                    The State of Maharashtra and Anr.       ..Respondents
                                            ------------
                    Mr. Rohin R. Chauhan i/b Mr. Aadesh Konde-Deshmukh for
                    the Applicant.
                    Adv. Tanu Khattri h/f Adv. Meghna Gowlani for Respondent
                    No.2 through Legal Aid.
                    Mr. Y. M. Nakhwa, APP for the State.
                                            ------------

                                              CORAM : M. S. KARNIK, J.

                                              DATE     : AUGUST 19, 2023
                    P.C. :

                    1.     Heard learned counsel for the applicant, learned

                    counsel for respondent No.2 who is appointed by this Court

                    and learned APP for the State.

                    2.     Learned APP and learned counsel for respondent No.2

                    opposed the application for suspension of sentence and for

                    releasing       the   applicant   on    bail.   The     sentence     of

                    imprisonment is for a period of fifteen days for the offence

                    punishable under Section 323 of the Indian Penal Code.



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                                Darshan Patil                                          902.IA.1830-23.doc


                               3.     There is nothing on record to indicate that the

                               applicant has misused his liberty when he was on bail

                               during the trial. Considering the short sentence and as the

                               appeal is likely to take some time to be heard finally, in my

                               opinion, the sentence can be suspended. Hence, the

                               following order.

                                                                   ORDER

i. Interim Application No. 1830 of 2023 is allowed.

ii. The substantive sentence of imprisonment imposed vide Judgment and order dated 29/03/2023 passed by Special Judge, Pune, in Special Case No. 266/2018 is suspended and the applicant is directed to be released on same bail as in the trial Court with the fresh bond.

4. The Interim Application stands disposed of

accordingly.

(M. S. KARNIK, J.)

Signed by: Darshan Patil Designation: PA To Honourable Judge Date: 19/08/2023 14:51:18