Rakesh Devidasrao Randhe vs The State Of Maharashtra
2024 Latest Caselaw 2795 Bom

Bombay High Court

Rakesh Devidasrao Randhe vs The State Of Maharashtra on 30 January, 2024

Author: R.G. Avachat

Bench: R.G. Avachat

2024:BHC-AUG:2335-DB
                                                                 Cri.Appln.No.4579/2023
                                                :: 1 ::


                       IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                    BENCH AT AURANGABAD


                          CRIMINAL APPLICATION NO.4579 OF 2023 IN
                             CRIMINAL APPEAL NO.1189 OF 2023



                Rakesh Devidasrao Randhe                       ... APPLICANT

                       VERSUS

                The State of Maharashtra                       ... RESPONDENT

                                                 .......
                Mr. P.V. Barde, Advocate for applicant
                Mrs. U.S. Bhosle, A.P.P. for respondent
                                                 .......


                                         CORAM :          R.G. AVACHAT AND
                                                          NEERAJ P. DHOTE, JJ.

                                         DATE      :      30th JANUARY, 2024

                ORDER:

This is an application for suspension of substantive

sentence and releasing the applicant on bail pending the appeal.

2. Heard learned counsel for both the sides. Perused the

Paper Book.

3. The applicant- appellant has been convicted for the

offence punishable under Section 307 of the Indian Penal Code and

sentenced to suffer life imprisonment with fine of Rs.2,10,000/-.

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4. The learned A.P.P. objects for allowing the application.

5. The role attributed to the applicant is assault by knife.

It is not disputed that the incident occurred five (5) years back and

the victim is now well oriented. The applicant - appellant was on

bail during the trial. The applicant - appellant is behind the bars for

a period of two years. The appeal may take time for final hearing.

Under such circumstances, we are inclined to allow the application

subject to deposit of the entire amount of fine by the applicant.

Hence we proceed to pass the following order.

ORDER

(i) The Criminal Application is allowed.

(ii) On condition of the applicant depositing the entire amount of

fine of Rs.2,10,000/- before the Sessions Court, pending the

appeal, the substantive sentence of imprisonment imposed upon

the applicant by learned Additional Sessions Judge, Jalna in

Sessions Case No.111/2017, vide judgment and order dated

9/11/2023 to stand suspended and the applicant be released on bail

on his executing 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 not change his address

without intimation to the concerned Police Station.

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(iv) Bail before the Sessions Court.

6. The Criminal Application stands disposed of.

(NEERAJ P. DHOTE, J.)                        (R.G. AVACHAT, J.)


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