Bombay High Court
Sunny@ Suraj Ramchandra Awale vs State Of Maharashtra on 25 January, 2024
Author: Prakash D. Naik
Bench: Prakash D. Naik
2024:BHC-AS:3987
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL REVISION APPLICATION NO.52 OF 2024
WITH
INTERIM APPLICATION NO.335 OF 2024
IN
CRIMINAL REVISION APPLICATION NO.52 OF 2024
Sunny @ Suraj Ramchandra Awale .. Applicant
v/s.
State of Maharashtra .. Respondent
....
Ms. Saisha Pisal, a/w. Ms. Kshema, Mahuli and Mr. J. Patil, i/b. Mr.
Vaibhav Gaikwad, for the Applicant.
Mr. Arfan Sait, APP, for State.
....
CORAM: PRAKASH D. NAIK, J.
DATE : 25th JANUARY, 2024.
P.C:-
Admit. Call for record and proceedings.
Interim Application No.335 of 2024
1. This is an application for suspension of sentence and grant
of bail during the pendency of Criminal Revision Application No.52
of 2024.
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2. The Applicant is convicted vide Judgment and Order
dated 7th July 2018 passed by learned Judicial Magistrate, First Class,
Court No.2, Vaduj in Regular Criminal Case No.112 of 2016 for
offence punishable under Section 324 of Indian Penal Code and
sentenced to suffer imprisonment for one year. Along with the
Applicant, accused no.1 was also convicted for the said offence. The
Applicant was convicted for the offences punishable under Sections
324, 323, 504, 506 R/W. 34 of Indian Penal Code. The judgment of
conviction was challenged by the Applicant before the Court of
Sessions by preferring an appeal, viz. Criminal Appeal No.19 of 2019
viz. Judgment and order dated 3 rd January, 2024 passed by learned
Additional Sessions Judge, Vaduj. The appeal was partly allowed.
Accused no.1 was acquitted. Accused no.2 (applicant) was convicted
for the offence punishable under Section 324 of the Indian Penal Code
and his sentence was modified and was reduced to six months. The
Applicant was taken into custody on the same day.
3. Learned Advocate for the Applicant submitted that the
case of the prosecution suffers from serious infirmities. There are no
independent witnesses. The case is based on the evidence of the
complainant and the interested witnesses, who are relatives of the
complainant. The incident had occurred at a spur of moment. The
Applicant is a student. The Applicant was on bail during the trial and
during the pendency of appeal. The Applicant is in custody from April
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2024. The sentence is of short term.
4. Learned APP submitted that there are concurrent findings
in the case. The appellate court has reduced the sentence to six
months.
5. The revision application preferred by the Applicant has
been admitted. The sentence of imprisonment is of short term. The
Applicant seems to be aged 19 years at the time of the incident. The
Applicant was a student. The incident apparently occurred at the spur
of moment. Considering the circumstances, the sentence of
imprisonment can be suspended and bail can be granted to him.
ORDER
(i) Interim Application No.335 of 2024 is allowed;
(ii) During the pendency of Revision Application No.52 of
2024, the substantive sentence of imprisonment imposed
vide Judgment and Order dated 7th July 2018 in Regular
Criminal Case No.112 of 2016 passed by learned J.M.F.C.,
Vaduj, and modified by Judgment and Order dated 3 rd
January 2024 in Criminal Appeal No.19 of 2018 passed by
learned Additional Sessions Judge, Vaduj is suspended and
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the Applicant is directed to be released on bail on
executing a P.R. Bond in the sum of Rs.20,000/- (Rupees
Twenty Thousand) with one or more sureties in the like
amount;
(iii) The Applicant is permitted to furnish cash bail in the sum
of Rs.20,000/- for a period of six weeks in lieu of surety.;
(iv) The Applicant shall attend the concerned Police Station
once in three months on first Saturday of the month
between 11.00 a.m. to 1.00 p.m.
(v) Interim Application stands disposed off.
(PRAKASH D. NAIK, J.)
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