Vijay Vashudeo Naik v. State Of Maharashtra

NISHA SANDEEP CHITNIS SANDEEP CHITNIS Date: 2022.02.03 12:44:19 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL INTERIM APPLICATION NO.357 OF 2022 (FOR SUSPENSION OF SENTENCE AND GRANT OF BAIL) IN CRIMINAL REVISION APPLICATION NO.64 OF 2022 Vijay Vashudeo Naik ...Applicant/Orig. Accused

Versus

State of Maharashtra

...Respondent

Mr. P. D. Dalvi, for the Applicant.

Ms. Anamika Malhotra, A.P.P for the Respondent - State. CORAM : REVATI MOHITE DERE, J.

DATE : 2nd FEBRUARY 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 24th November 2015, passed by learned Judicial Magistrate First Class, Vengurla in S.C.C. 1/4

No.62 of 2015 has been convicted for the offence punishable under Sections 5 r/w 180 of the Motor Vehicles Act and has been sentenced to suffer simple imprisonment for one month and to pay fine of Rs.1,000/-, in default to suffer further simple imprisonment for fifteen days. The applicant was also convicted for the offence punishable under Sections 146 r/w 196 of the Motor Vehicles Act and has been sentenced to suffer simple imprisonment for one month and to pay fine of Rs.1,000/-, in default to suffer further simple imprisonment for fifteen days. Being aggrieved by the said Judgment and Order of conviction and sentence, the applicant preferred an appeal before the Sessions Court at Sindhudurg, Oros. The learned Sessions Judge, Sindhudurg, Oros vide Judgment and Order dated 5th January 2022 passed in Criminal Appeal No. 89 of 2015, dismissed the applicant's appeal and as such confirmed the conviction and sentence awarded to the applicant by the trial Court. 4.

The Revision Application has been admitted by a separate order passed today and the same is not likely to come up for the hearing in the immediate near future. The sentence imposed is a short term sentence. It is not in dispute that the applicant was on bail throughout and that he has 2/4

not misused or abused the liberty granted to him. The fine amount has been deposited by the applicant.

5.

Considering the aforesaid, the application is allowed and the applicant's sentence is suspended and he is enlarged on bail, pending the hearing and final disposal of his Revision, on the following terms and conditions :

ORDER

i) The Applicant be enlarged on bail on furnishing P.R. Bond in the sum of 15,000/- with one or two local sureties in the like amount; ii) The Applicant shall report to the trial Court, once in six months on the day/date specified by the trial Court, till his Revision Application is finally disposed of;

iii) The Applicant shall keep the trial Court informed of current address and mobile contact number and/or change of residence or mobile details, if any, from time to time;

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iv) If there are two consecutive defaults in appearing before the trial Court, the learned Judge shall make a report to the High Court and the prosecution would be at liberty to file an application seeking cancellation of bail.

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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