Akash Pandurang Bhosale vs State Of Maharashtra
2023 Latest Caselaw 12056 Bom

Bombay High Court

Akash Pandurang Bhosale vs State Of Maharashtra on 4 December, 2023

Author: Nitin B. Suryawanshi

Bench: Nitin B. Suryawanshi

2023:BHC-AS:35941




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                                                                                2-Ia-4374-2023.doc


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          CRIMINAL APPELLATE JURISDICTION

                         INTERIM APPLICATION NO. 4374 OF 2023
                                          IN
                           CRIMINAL APPEAL NO. 1310 OF 2023


           Akash Pandurang Bhosale                                     ...Applicant
                          Vs.
           State Of Maharashtra                                        ...Respondent


           Mr. Chetan G. Patil a/w Mr. Mandar G. Bagkar for Applicant.
           Mr. A. R. Patil, APP for Respondent-State.



                                  CORAM          :   NITIN B. SURYAWANSHI, J.

                                    DATED        :   4TH DECEMBER 2023


           P. C. :

1. This is an Application for suspension of sentence and

grant of bail during the pendency of Criminal Appeal preferred by

Applicant challenging the judgment of conviction.

2. Applicant is convicted by the Additional Sessions

Judge, Kolhapur under Section 306 of Indian Penal Code in

Sessions Case No.19 of 2021 vide judgment and order dated 30th

September, 2023, and sentenced to suffer rigorous imprisonment

for four years and to pay the fine of Rs.2,000/-.

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2-Ia-4374-2023.doc

3. Heard learned Advocate for Applicant and learned APP

for Respondent-State.

4. Perused the record. Admittedly, the sentence imposed

on Applicant is a short term sentence in the wake of decision of

the Apex Court in the case of Bhagwan Rama Shinde Gosai and

Ors. vs. State of Gujarat (1999) SCC (Cri.) 553. No exceptional

circumstances are born on record to deny bail to the Applicant.

The appeal preferred by the Applicant is not likely to be heard in

near future. In view of the matter, Application deserves to be

allowed. Hence, the following order :

            (i)     Application is allowed.

            (ii)    Substantive sentence of imprisonment imposed vide

judgment and order dated 30th September, 2023, in

Sessions Case No.19 of 2021 is suspended during the

pendency of the Appeal.

(iii) Applicant be released on bail on executing PR bond in

the sum of Rs.15,000/- with one surety in the like

amount.

(iv) Fine amount to be paid, if already not paid.

(v) Applicant shall attend concerned police station once in

a month on every first Sunday between 10 am to 12

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(vi) Applicant shall not indulge in any unlawful and

criminal activity.

(vii) Applicant shall furnish his current address and cell

phone number to the concerned police station.

[NITIN B. SURYAWANSHI, J.] Digitally signed by CHAITANYA CHAITANYA ASHOK ASHOK JADHAV JADHAV Date:

2023.12.04 17:14:40 +0530

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