Shrawan Govinda Khode v. State Of Maharashtra

14-ia-753-2022-APEAL-225-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 753 OF 2022 IN CRIMINAL APPEAL NO. 225 OF 2022 Shrawan Govinda Khode ...Applicant/Appellant

Versus

State Of Maharashtra

...Respondent

....

Mr. Hardik Desai, Advocate for the Applicant/Appellant. Mrs. P. N. Dabholkar, APP for the Respondent - State.

CORAM

:

PRAKASH D. NAIK, J.

DATE :

14th MARCH, 2022.

PER COURT :

1.

This is an application for suspension of sentence and grant of bail pending Criminal Appeal No.225 of 2022. 2.

The applicant has been convicted for offence under Section 332 of Indian Penal Code (for short "IPC") and sentenced to suffer rigorous imprisonment for one year with fine of Rs.2,000/-.

3.

The applicant was on bail during the trial. The sentence of imprisonment has been suspended on the date of conviction by the trial Court during the pendency of appeal. Considering the fact that the sentence is of short term, the prayer in this application can be allowed.

by SAJAKALI LIYAKAT JAMADAR Date:

2022.03.16 11:46:06 +0530 SAJAKALI LIYAKAT JAMADAR Sajakali Jamadar

14-ia-753-2022-APEAL-225-2022.doc 4.

Hence, I pass the following order:

ORDER

i.

Interim Application No. 753 of 2022 is allowed; ii.

During the pendency of Criminal Appeal No.225 of 2021, the sentence of imprisonment imposed vide Judgment and order dated 12th January, 2022 passed by learned Additional Sessions Judge, Nashik in Sessions Case No.97 of 2021 is suspended and the applicant is directed to be released on bail on executing P.R. Bond in the sum of Rs.20,000/- with one or more sureties in the like amount;

iii.

The applicant is permitted to furnish cash bail in the sum of Rs.20,000/- for a period of eight weeks in lieu of surety.

iv.

The applicant shall attend the trial Court once in six months on first Saturday of the month till the final disposal of the appeal;

v.

In the event, there are two consecutive default in attending the trial Court, the said fact may be brought to the notice of this Court and in such eventuality, the prosecution will be at liberty to prefer an application for cancellation of bail.

vi.

Interim Application stands disposed of accordingly.

(PRAKASH D. NAIK, J.) Sajakali Jamadar