Shankar Ramchandra Zinjal v. State Of Maharashtra

by RUPALI RAJESH WAKODIKAR Date:

2022.01.19 16:36:04 +0530 RUPALI RAJESH WAKODIKAR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL INTERIM APPLICATION NO. 168 OF 2022 IN CRIMINAL REVISION APPLICATION NO. 51 OF 2022 Shankar Ramchandra Zinjal ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr. Amit Mane for the Applicant.

Mrs. P.P.Shinde, A.P.P for the Respondent-State. CORAM : REVATI MOHITE DERE, J.

DATE : 18 th JANUARY, 2022 (Through Video Conferencing) P.C. :

1.

Heard learned Counsel for the parties.

2.

By this application, the applicant seeks suspension of his sentence and enlargement on bail, pending the hearing and final disposal of the aforesaid Revision Application.

3.

The applicant, vide judgment and order dated 31st October, 1/4

2015 passed by the Judicial Magistrate, First Class, Thane, in Criminal Case No. 313 of 2003, was convicted for the offences punishable under Sections 420, 467, 468, 471 of the Indian Penal Code. He submits that the maximum sentence imposed by the Trial Court was three years. He further submits that being aggrieved by the judgment and order passed by the Trial Court, the applicant filed an appeal being Criminal Appeal No. 198 of 2015. He submits that the Appellate Court vide judgment and order dated 6th December, 2021 was pleased to allow the said appeal, inasmuch as, the conviction for all the offences were maintained, however, the substantive sentence for imprisonment was reduced and the fine amount was enhanced. He submits that vide said judgment and order passed by the Sessions Court, maximum sentence imposed is one year with various fine amounts. He submits that the applicant will deposit the find amount as directed by the Appellate Court within two months from today. Statement accepted. 4.

The Revision Application has been admitted by a separate order passed today. The sentence imposed is a short term sentence and the revision application is not likely to be heard in the immediate near future. 5.

Considering the aforesaid, the application is allowed and the applicant's sentence is suspended and he is enlarged on bail, pending the 2/4

hearing and final disposal of his Revision Application, on the following terms and conditions :

ORDER

i) The Applicant be released on cash bail in the sum of Rs.20,000/-, for a period of six weeks;

ii) The Applicant shall thereafter furnish P.R. Bond in the sum of 20,000/-, with one or two sureties in the like amount, within a period of six weeks of his release on cash bail; iii) The applicant to deposit the fine amount imposed by the Appellate Court, within two months from today in the Trial Court. iv) The applicant shall report the Trial Court, once in six months on the day/date specified by the Trial Court, till his Revision Application is finally disposed of;

v) The Applicant shall keep the Trial Court informed of his current address and mobile contact number and/or change of residence or mobile details, if any, from time to time; 3/4

vi) If there are two consecutive defaults in appearing before the Trial Court, the Court shall send a report to this Court. 6.

The Application is allowed in the aforesaid terms and is accordingly disposed of.

7.

All concerned to act on the authenticated copy of this order. REVATI MOHITE DERE, J.

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