Prasad Ashok Shedge vs State Of Maharashtra
2023 Latest Caselaw 5591 Bom

2023:BHC-AS:15744

                 D.A.Ethape                                                 11-IA-2070-2023.doc

                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                      CRIMINAL APPELLATE JURISDICTION

                                   INTERIM APPLICATION NO. 2070 OF 2023
                                                    IN
                                     CRIMINAL APPEAL NO. 648 OF 2023

            Prasad Ashok Shedge                                     ...Applicant/Appellant
                  Versus
            State Of Maharashtra                                    ...Respondent

                                                     ....
            Mr. Abhishek Kulkarni Advocate for Applicant/Appellant.
            Mr. Y. Y. Dabake, APP for the Respondent - State.

                                                     ....

                                                    CORAM : PRAKASH D.NAIK, J.
                                                      DATE :   14th JUNE, 2023.

            P.C.:-

            1.        This is an application for suspension of sentence and grant of bail

            during the pendency of Criminal Appeal preferred by the applicant

            challenging the judgment of conviction.

            2.        The applicant has been convicted vide judgment and order dated 28 th

            April 2023 passed by learned Additional Sessions Judge, Pune in Sessions

            Case No. 1006 of 2016 for an offence punishable under Sections 394, 397

            read with 34 of the Indian Penal Code. The applicant is sentenced to suffer

            imprisonment for one year. Initially the applicant was in jail from 16 th

            December 2015 to 29th March 2016 and 7th June 2019 to 29th June 2019.




                                                                                                    1/2



                     ::: Uploaded on - 15/06/2023                  ::: Downloaded on - 15/06/2023 17:54:50 :::
       D.A.Ethape                                              11-IA-2070-2023.doc

3.        Learned Advocate for the applicant on instructions submitted that,

the substantive sentence of imprisonment was suspended by the trial Court

for temporary period on the date of conviction.

4.        Considering the fact that, the sentence is of short term and the

applicant was on bail during the trial, case for suspension of sentence and

grant of bail is made out.

                                   ORDER

(i) Interim Application No.2070 of 2023 is allowed.

(ii) The substantive sentence of imprisonment imposed vide judgment

and order dated 28th April 2023 passed by learned Additional Sessions

Judge, Pune in Sessions Case No. 1006 of 2016 is suspended and the

applicant is directed to be released on bail on the same bail in the trial

Court with fresh bail bond.

(iii) Interim Application stands disposed off.

(PRAKASH D. NAIK, J.)