Bombay High Court
Dhanyakumar Nivrutti Jagtap vs State Of Maharashtra on 6 February, 2024
Author: Prakash D. Naik
Bench: Prakash D. Naik
2024:BHC-AS:5988
17-IA-503-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 503 OF 2024
IN
CRIMINAL REVISION APPLICATION NO. 89 OF 2024
Dhanyakumar Nivrutti Jagtap ...Applicant
Versus
State Of Maharashtra ...Respondent
....
Mr. Manoj Singh a/w Mr. Puneet Singh, Ms. Usha Bhosale i/by MKS
Legal Associates, Advocate for the Applicant.
Mr. Arfan Sait, APP for the Respondent - State.
CORAM : PRAKASH D. NAIK, J.
DATE : 6th FEBRUARY, 2024.
P.C.:
1. This is an application for suspension of sentence and
grant of bail during the pendency of the Revision Application No.
89 of 2024.
2. Vide Judgment and Order dated 16th December, 2015
Digitally signed
SUNNY
by SUNNY
ANKUSHRAO
ANKUSHRAO THOTE
passed by learned J.M.F.C. at Dahiwaid in R.C.C. No.66 of 2014,
THOTE Date:
2024.02.07
19:30:07 +0530
the Applicant and Accused No.2 were convicted for offences
punishable under Section 452 r/w 34 of IPC and sentenced to
suffer simple imprisonment for six months and to pay fine of
Rs.500/- each. They were also convicted for offence punishable
under Section 324 r/w 34 of IPC and sentenced to suffer rigorous
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imprisonment for one year and to pay of Rs.1,000/- each. They
were further convicted for offence punishable under Section 323
r/w 34 of IPC and sentenced to suffer simple imprisonment for six
months and to pay fine of Rs.500/- each. The Accused Nos. 3 and 4
were acquitted of all the offences.
3. The Applicant and the Accused No.2 challenged the
Judgment of the trial Court Court by preferring Criminal Appeal
No.1 of 2016 before the Court of Additional Sessions Judge, Vaduj
vide Judgment and Order dated 27 th December, 2023. The Original
Accused No.2 was acquitted of all the charges. The conviction of
the Applicant was confirmed however, the sentence of
imprisonment for one year imposed for conviction under Section
324 of IPC was reduced for six months.
4. Learned Advocate for the Applicant submits that the
Applicant was taken in custody on 27 th December, 2023 and since
then he is undergoing sentenced. The Judgments of the Court
below suffer from serious infirmities. Courts have not appreciated
the evidence of proper perspective. The sentence is of short term.
The Applicant was on bail during the trial and during the pendency
of appeal.
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5. Learned APP submits that there is concurrent findings of
two Courts while convicting the Applicant. There is sufficient
evidence against the Applicant to establish the charges. It is
pertinent to note that the Applicant is in custody from 27 th
December, 2023 i.e. more than one month. The Appellate Court has
reduced the sentence of imprisonment to six months out of which
the Applicant had already undergone one month. Considering the
aforesaid aspects, the sentence can be suspended and bail can be
granted to them.
ORDER
i. Interim Application No.503 of 2024 is allowed;
ii. During the the pendency of Revision Application No.89 of
2024, the sentence of imprisonment imposed vide Judgment
and Order dated 16th December, 2015 passed by learned
J.M.F.C. at Dahiwadi in R.C.C. No.66 of 2014 and modified by
Judgment and Order dated 27th December, 2023 passed by
Additional Sessions Judge, Vaduj in Criminal Appeal No.1 of
2016 are 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 is permitted to furnish cash bail in the
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sum of Rs.20,000/- for a period of eight weeks in lieu of
surety.
iv. The Applicant shall attend the concerned Police Sation
once in three months on first Saturday of the month between
11:00 a.m. to 1:00 p.m. till further orders.
v. Interim Application stands disposed of accordingly.
(PRAKASH D. NAIK, J.)
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