Shubham Babu Kusalkar v. State Of Maharashtra And ANR.
024:BHC-AS:2
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.136/2024 WITH INTERIM APPLICATION NO.587/2024 IN CRIMINAL APPEAL NO.136/2024 SHUBHAM BABU KUSALKAR ..APPELLANT/APPLICANT VS.
THE STATE OF MAHARASHTRA & ANR.
..RESPONDENTS ------------ Adv. Seema Dighe i/b. Adv. Priyal Sarda for the appellant/applicant.
Smt. S. D. Shinde, APP for the State.
------------ CORAM : M. S. KARNIK, J.
DATE : FEBRUARY 12, 2024.
P.C. :
1.
Leave to amend so as to mask the name of the respondent no.2.
Learned counsel for the appellant/applicant submits that this error has been crept in inadvertently.
2.
Leave is granted. Amendment to be carried out forthwith.
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CRIMINAL APPEAL NO.136/2024 3.
Admit.
4.
Call for record and proceeding.
5.
Learned APP waives service on behalf of the State. INTERIM APPLICATION NO.587/2024 IN CRIMINAL APPEAL NO.136/2024 6.
Heard learned counsel for the applicant.
7.
This is an application for suspension of sentence and for bail. The applicant is convicted for the offence punishable under Section 354, 354-A(1)(i), 354-D, 506(II) of the Indian Penal and is sentenced to suffer rigorous imprisonment for one year and to pay fine. The fine amount has been paid.
8.
Learned APP opposed the application.
9.
Considering the short sentence imposed, as the appeal is not likely to be heard any time soon and after going through the materials on record with the assistance of learned counsel for the applicant and learned APP, I am inclined to suspend the sentence and to enlarge the applicant on bail.
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10.
The sentence is suspended. The applicant shall be released on bail on his furnishing P.R. bond in the sum of Rs.15,000/- with one or more sureties in the like amount. 11.
The applicant shall report to the trial Court once in six months every first Monday of the concerned month between 11.00 a.m. to 1.00 p.m., commencing March 2024. 12.
The application is disposed of.
(M. S. KARNIK, J.) 3/3