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Bombay High CourtIA/334/2024allowed

Narsimha Yallappa Aarpalli v. State Of Maharashtra

2024-02-28Hon'Ble Shri Justice M. S. Karnik2 pages

2024:BHC-AS:9533 Darshan Patil 16-ia-334-24.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 334 OF 2024 IN CRIMINAL APPEAL NO. 73 OF 2024 NARSIMHA YALLAPPA AARPALLI ..APPLICANT VS.

THE STATE OF MAHARASHTRA ..RESPONDENT ------------ Adv. Shubham Sane h/f Adv. Pooja Agarwal for the Applicant.

Mr. S.H. Yadav, APP for the State.

------------ CORAM : M. S. KARNIK, J.

DATE : FEBRUARY 28, 2024 P.C. :

1.

This is an application for suspension of sentence and for bail in Sessions Case No. 651 of 2018 arising out of C.R. No. 60 of 2017 registered with Alankar Police Station, Pune. 2.

The applicant was convicted for the offence punishable under Section 498-A of the Indian Penal Code (IPC) and sentenced to suffer rigorous imprisonment for three years and to pay fine. The applicant was further convicted of the offence punishable under Section 306 of the IPC and sentenced to suffer rigorous imprisonment for three years and to pay fine. The substantive sentences are to run 1/2

Darshan Patil 16-ia-334-24.docx concurrently.

3.

The application is opposed by the learned APP on the ground that the trial Court has given cogent reasons while convicting the appellant.

4.

The appellant was on bail during the trial. There is nothing on record to indicate that the appellant has misused his liberty while on bail. Though the appeal is admitted, the appeal is not likely to be heard any time soon considering the pendency. In view of this, I am inclined to suspend the sentence.

5.

The sentence is accordingly suspended.

6.

The appellant be enlarged in Sessions Case No. 651 of 2018 arising out of C.R. no. 60 of 2017 registered with Alankar Police Station on the same bail as in trial Court with fresh bonds.

7.

The appellant shall report to the trial Court, once a year, first Monday of the concerned month, between 11.00 a.m. and 1.00 p.m. commencing April 2024.

8.

The application stands disposed of.

(M. S. KARNIK, J.) 2/2