Bombay High Court
Kundlik S/O Shivram Nayak vs The State Of Maharashtra on 25 January, 2024
Author: R.G.Avachat
Bench: R.G.Avachat
2024:BHC-AUG:1670-DB
13-crappln63.2024.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO.63 OF 2024
IN
CRIMINAL APPEAL STAMP NO.219 OF 2024
Kundlik s/o. Shivram Nayak ..Applicant
Vs.
The State of Maharashtra ..Respondent
----
Mr.R.O.Awasarmol, Advocate for applicant
Mr.S.D.Ghayal, APP for respondent
----
CORAM : R.G.AVACHAT AND
NEERAJ P. DHOTE, JJ.
DATE : JANUARY 25, 2024
ORDER :
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This is an application for suspension of substantive
sentence of imprisonment awarded against the applicant/appellant,
vide judgment and order dated 29.04.2023 passed by learned Addl.
Sessions Judge-2, Hingoli, in Sessions Trial No.65 of 2022, for the
offences punishable under Sections 302 and 201 of Indian Penal Code.
2. The application is filed on health ground of the applicant/
appellant.
3. We have heard both sides.
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4. The applicant/appellant is produced before the court
through video-conferencing. We inquired about the health condition
of the applicant with the Jailer. It is informed by the Jailer that the
applicant is unable to perform his daily tasks on his own and requires
help.
5. The prosecution has placed on record the
communications of the jail authority along with the medical papers.
We have perused the said papers. The relevant portion of the
medical report runs as under :-
"16. OPINION OF MEDICAL OFFICER QUA
SR. NO.1 : Current condition is average. Prisoner is
suffering from Anorexia, indigestion, constipation
and generalized weakness. Due to old age and
weakness, prisoner is depend on the help of others to
do his daily activities".
6. Learned counsel for the applicant/appellant submits that
the applicant/appellant would be staying at his daughter's place in
Taluka Malegaon, District Washim, during the period of his release.
Learned counsel for the applicant/appellant undertakes that the
applicant/appellant would report to the nearest police station, i.e.
Shirpur Police Station, Tq. Malegaon, Dist. Washim, once in every
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month. He also states that the applicant/appellant would provide the
complete address, where he would be residing during the period of
his release.
7. The applicant is 80 years of age. In view of the peculiar
circumstances, we are inclined to suspend the substantive sentence
of imprisonment and release the applicant/appellant on bail, during
pendency of the appeal.
8. Hence, the following order:-
(i) The application is allowed.
(ii) During pendency of the appeal, the substantive sentence
of imprisonment is suspended. The applicant/appellant
be released on bail, on furnishing P.R. bond in the sum of
Rs.15,000/- (Rupees Fifteen Thousand) with one surety in
the like amount.
(iii) The applicant/appellant shall attend Shirpur Police
Station, Tq. Malegaon, Dist. Washim, once in every
month, i.e., on last Monday of each month, between
04.00 p.m. and 06.00 p.m., until further orders.
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(iv) The applicant/appellant shall place on record the
complete residential address where he would be staying,
during the period of his release.
[NEERAJ P. DHOTE, J.] [R.G. AVACHAT, J.]
KBP
