Bombay High Court
Sudhir Shivaji Sarade vs Through Pi Akkalkot North Police ... on 5 February, 2024
Author: Prakash D. Naik
Bench: Prakash D. Naik
2024:BHC-AS:5860
21-IA-452-453-2024-in-REVN-79-2024 (copy).doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.452 OF 2024
WITH
INTERIM APPLICATION NO.453 OF 2024
IN
CRIMINAL REVISION APPLICATION NO. 79 OF 2024
Sudhir Shivaji Sarade ... Applicant
Versus
The State of Maharashtra
Through P. I. Akkalkot North Police Station ...Respondent
....
Mr. Ashok B. Tajane a/w Mr. Yuvraj A. Tajane, Advocate for the
Applicant.
Mr. Arfan Sait, APP for the Respondent - State.
Mr. S. S. Rathod, Akkalkot North Police Station, Solapur Rural, present.
....
CORAM : PRAKASH D. NAIK, J.
DATE : 5th FEBRUARY, 2024.
P.C.:
1. The applicant is convicted vide Judgment and order dated 3 rd
August, 2015 passed by the learned J.M.F.C. Akkalkot in Regular
Criminal Case No.240 of 2007. The conviction is for offence under
Section 279 of Indian Penal Code (for Short "IPC") and sentenced
to suffer rigorous imprisonment for six months and fine of
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Rs.1,000/-. The applicant is further convicted for offence under
Section 304(A) of IPC and sentenced to suffer rigorous
imprisonment of two years and fine of Rs.50,000/-. He is also
convicted for offences under Sections 337, 185, 66 & 187 of the
Motor Vehicles Act and sentenced to pay fine of Rs.500/-,
Rs.2000/-, Rs.2000 & Rs.500 respectively. The appeal challenging
the Judgment of the trial Court has been dismissed vide Judgment
and order dated 2nd January 2024.
2. Learned Advocate for the applicant submitted that the
Judgment of the trial Court suffers from serious infirmities. The
applicant was on bail during the trial and during the pendency of
appeal. Pursuant to dismissal of appeal, the applicant has been
taken in custody on 2nd January 2024. The applicant would deposit
the fine amount within four weeks.
3. Learned A.P.P. submitted that the offence is of serious nature.
The applicant was driving the vehicle under the influence of liquor.
8 persons lost their lives and 12 persons suffered injuries in the
incident. The revision application may be heard immediately.
4. Considering the factual matrix of the case and since the
applicant is in custody since last one month, sentence can be
suspended.
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ORDER
i. Interim Application Nos. 452 of 2024 and 453 of 2024
are allowed;
ii. The Sentence of imprisonment imposed vide Judgment
and order dated 3rd August, 2015 passed by the learned
J.M.F.C. Akkalkot in Regular Criminal Case No.240 of 2007
and confirmed by vide Judgment and order dated 2 nd January
2024 passed by Learned Sessions Judge, Solapur in Criminal
Appeal No. 110 of 2015 is suspended and the applicant is
directed to be released on bail on executing P.R. Bond in the
sum of Rs.20,000/- with one or more sureties in the like
amount;
iii. The applicant shall report Akkalkot North Police
Station once in three months on first Saturday of the month
between 11.00 a.m. to 1.00 noon till final disposal of the
revision application;
iv. The applicant is granted four weeks time to deposit the
fine amount.
v. The revision application could be heard finally at the
stage of admission.
vi. Both Interim Applications stand disposed of
accordingly.
(PRAKASH D. NAIK, J.)
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