Sahadev Laxman Dhavare vs State Of Maharashtra
2023 Latest Caselaw 5248 Bom

2023:BHC-AS:15152


                                                      1 of 2                     42.IA.1885.2023.doc




                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CRIMINAL APPELLATE JURISDICTION

                                    INTERIM APPLICATION NO.1885 OF 2023
                                                    IN
                                      CRIMINAL APPEAL NO.557 OF 2023

                    Sahadev Laxman Dhavare                                       Applicant
                          versus
                    The State of Maharashtra                                     Respondent

                    Mr.Aashish Satpute with Mr.Piyush          Toshnival,      Advocate          for
                    Applicant.
                    Mr.Y.M.Nakhwa, APP, for State.

                                               CORAM :    PRAKASH D. NAIK, J.

                                               DATE   :   7th June 2023
                    PC :


                    1.     This is an application for suspension of sentence and grant of
                    bail during pendency of appeal challenging Judgment and Order of
                    conviction.


                    2.     Applicant is convicted for the offence u/s.304(II) and
                    sentenced to suffer imprisonment for three years. The substantive
                    sentence was suspended by the Trial Court for a limited period of 30
                    days which has been extended by this Court till today.


                    3.     The case of prosecution is that the son of the Applicant aged
                    around 14 years, was driving the vehicle and Applicant was sitting
                    besides him. Applicant's son dashed at a woman aged around 70
                    years and two other persons.      The aged woman died and other
                    persons suffered injuries.




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                                      2 of 2                      42.IA.1885.2023.doc


 4.       Learned advocate for Applicant submitted that Applicant was
 on bail during trial and he did not misuse the facility of bail. Role
 attributed to the Applicant was that he was sitting in the vehicle
 while his son was driving it.


 5.       Learned APP submitted that it is on account of negligence of
 the Applicant, the incident had occurred which has resulted in death
 of one person and injuries to two other persons.


 6.       The sentence is of short term. It has been suspended by Trial
 Court for a temporary period. The appeal may not come up for
 hearing immediately. Considering the circumstances as stated above,
 the substantive sentence of imprisonment can be suspended.


                                   ORDER

(i) Interim Application is allowed and disposed off;

(ii) The sentence of imprisonment imposed vide Judgment and Order dated 17th April 2023 in Sessions Case No.415 of 2021 by Additional Sessions Judge, Pune is suspended and Applicant directed to be released on bail on executing P.R bond in the sum of Rs.20,000/- with one or two sureties in the like amount;

(iii) The applicant shall report Khadak Police Station, District Pune, once in six months on first Saturday of the month between 11 am and 1 pm till final hearing of Criminal Appeal.

(PRAKASH D. NAIK, J.) MST