Kuldeep Krishna Brid vs The State Of Maharashtra
2024 Latest Caselaw 7064 Bom

Bombay High Court

Kuldeep Krishna Brid vs The State Of Maharashtra on 5 March, 2024

Author: M. S. Karnik

Bench: M. S. Karnik

Diksha Rane                               33. APEAL 167-24.doc




     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
          CRIMINAL APPELLATE JURISDICTION

              CRIMINAL APPEAL NO.167/2024
                         WITH
            INTERIM APPLICATION NO.869/2024
                           IN
              CRIMINAL APPEAL NO.167/2024

KULDEEP KRISHNA BRID                          ..APPELLANT
      VS.
THE STATE OF MAHARASHTRA                      ..RESPONDENT
                            ------------
Adv. Aadil Parsurampuria a/w. Adv. Pragya, Adv. Darshna
Vora i/b. M/s. Legal Vision for the applicant/appellant.
Mr. S. V. Walve, APP for the State.
                            ------------

                        CORAM : M. S. KARNIK, J.

                        DATE    : MARCH 5, 2024.
P.C. :

CRIMINAL APPEAL NO.167/2024

1.      Admit.

2.      Call for record and proceeding.

3. Learned APP waives service on behalf of the State.

INTERIM APPLICATION NO.869/2024 IN CRIMINAL

4. This is an application for suspension of sentence and

bail.

5. The applicant is convicted by the judgment and order

Diksha Rane 33. APEAL 167-24.doc

dated 15/1/2024 for the offence punishable under Section

353 of the Indian Penal Code and is sentenced to suffer

rigorous imprisonment for two years and fine of Rs.1000/-.

The applicant is also convicted for the offence punishable

under Sections 184, 185 of the Motor Vehicle Act and is

sentenced to suffer rigorous imprisonment for six months

and to pay a fine of Rs.500/-.

6. Learned counsel for the applicant submitted that the

fine remain to be deposited inadvertently. He assures that

the fine amount will be paid within a period of one week

from today. The statement is accepted.

7. This application is opposed by learned APP for the

State. It is submitted that for the cogent reasons the trial

Court has convicted the applicant. It is submitted that there

is ample evidence on record which demonstrates that the

applicant has committed the alleged offence under the

influence of liquor. In a drunk condition the applicant

purposely dashed the traffic constable instead of obeying

his directions.

8. For the offence punishable under Sections 353 of the

Indian Penal Code the maximum punishment imposed on

Diksha Rane 33. APEAL 167-24.doc

the applicant is rigorous imprisonment for two years and

fine. I have perused the judgment and order of the

conviction passed by the trial Court. While on bail before the

trial Court, there is nothing on record to indicate that the

applicant has misused the liberty. Considering the short

sentence and as the appeal which has been admitted, is not

likely to be heard soon, the sentence imposed by the trial

Court is suspended. The applicant be enlarged on same bail

as before the trial Court but with fresh bonds.

9. The applicant shall report to the trial Court once in a

year, on first Monday of the concerned month, between

11.00 a.m. to 1.00 p.m., commencing April, 2024.

10. The application is disposed of.

(M. S. KARNIK, J.)

Signed by: Diksha Rane Designation: PS To Honourable Judge Date: 05/03/2024 17:41:53