Bombay High Court
Santosh Sitaram Shahu vs The State Of Maharashtra Thr. Pso Ps ... on 6 May, 2024
Author: M. W. Chandwani
Bench: M. W. Chandwani
2024:BHC-NAG:5346
16 APPA-328-2024
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APPA) NO.328 OF 2024
IN
CRIMINAL APPEAL NO.167 OF 2024
[Santosh Sitaram Shahu ..Vs.. The State of Maharashtra]
______________________________________________________________________________
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions Court's or Judge's order
and Registrar's orders.
Mr Y. G. Mandpe, Advocate for Applicant/Appellant.
Mr A. Gohokar, APP for Non-Applicant/State.
CORAM : M. W. CHANDWANI, J.
DATE : 6th MAY, 2024.
. Heard.
2. By this application, the applicant is seeking suspension
of sentence passed by the learned Additional Sessions Judge,
Nagpur, in Session Trial Case No.267 of 2015, thereby
convicting the applicant for the offence punishable under
Section 304 Part II of the Indian Penal Code, 1860 and
sentencing him to suffer rigorous imprisonment for a period
of five years with a fine amount of Rs.50,000/-. The
applicant was also sentenced to suffer rigorous imprisonment
for a period of six months and to pay a fine amount of
Rs.1,000/- for the offence punishable under Section 279 of
the Indian Penal Code, 1860.
3. It is contended that the victim was coming from wrong
side of the road and only this aspect has been observed by the
learned Trial Court, still the applicant was convicted for
aforesaid offences. According to him, the conviction is for a
fixed term of five years, which is relatively shorter. The
TAMBE
16 APPA-328-2024
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applicant has good case on merit and therefore, the
application of the applicant be allowed.
4. Per contra, the learned APP for non-applicant/State
opposed the application submitting that the applicant, while
driving his car, was under the influence of liquor. Therefore,
the applicant has no good case on merit and sought rejection
of the application filed by the applicant.
5. Considering the fact that the learned Trial Court has
observed that the deceased was taking a turn from wrong side
of the road, a case is made out to scrutinize the case on merit
at the time of final hearing. The applicant has been sentenced
for a fixed term of five yeas, which is relatively shorter. The
appeal may not be heard in near future and in case of acquittal,
the position will not be reversible. In this peculiar
circumstance, a case is made out for suspension of sentence.
Hence, I proceed to pass the following order.
ORDER
i) The criminal application is allowed.
ii) Pending the appeal, the sentence passed by
the learned Additional Sessions Judge, Nagpur, in
Sessions Trial Case No.267 of 2015, vide judgment
and order dated 14.03.2024, shall remain suspended.
iii) The applicant be released on bail on his
furnishing P.R. Bond in the sum of Rs.25,000/-
(Rupees Twenty Five Thousand Only) with one
solvent surety in the like amount.
TAMBE
16 APPA-328-2024
iv) The applicant to pay the fine amount, if not
paid.
v) The applicant shall appear before this Court,
at the time of final hearing of criminal appeal.
6. The criminal application is disposed of accordingly.
7. Hamdast granted.
(JUDGE)
Signed by: Mr. Ashish Tambe
Designation: PA To Honourable Judge
TAMBE
Date: 06/05/2024 18:50:43
