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Bombay High CourtIA/776/2022allowed

Ramakant Vishwas Chavan v. The State Of Maharashtra

2022-03-08Hon'Ble Shri Justice Prakash D. Naik2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.776 OF 2022 IN CRIMINAL APPEAL NO.237 OF 2022 Ramakant Vishwas Chavan Applicant versus The State of Maharashtra Respondent Mr.Rohan Sonawane, Advocate for applicant.

Mr.S.V.Gavand, APP, for State.

CORAM : PRAKASH D. NAIK, J.

DATE : 8th March 2022 PC :

1.

This is an application for suspension of sentence and grant of bail pending Criminal Appeal No.237 of 2022. The applicant has been convicted for the offences under Sections 323 and 427 of Indian Penal Code vide judgment and order dated 4th February 2022 by learned Sessions Judge, Sindhudurg, Oros in Sessions Case No.21 of 2020. He has been sentenced to suffer imprisonment of two months and fine of Rs.500/- for conviction u/s.323, and imprisonment of four months and fine of Rs.500/- for conviction u/s.427 of IPC.

2.

The applicant was on bail during trial. On the date of conviction sentence of conviction has been suspended by the Trial MANISH SURESH THATTE MANISH SURESH THATTE Date: 2022.03.10 10:46:43 +0530 Court in accordance with Section 389 of Cr.P.C.. 3.

In the aforesaid circumstances this application can be allowed :

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ORDER

(i) Interim Application is allowed and disposed of; (ii) The sentence of imprisonment imposed vide judgment and order dated 4th February 2022 by learned Sessions Judge, Sindhudurg, Oros in Sessions Case No.21 of 2020 is suspended, and applicant is directed to be released on bail on executing PR bond in the s um of Rs.20,000/- with one or more sureties in the like amount;

(iii) The applicant is permitted to deposit cash bail in the sum of Rs.20,000/- in lieu of surety for ten weeks;

(iv) The applicant shall attend Trial Court once in six months on first Saturday of the month till final disposal of the Criminal Appeal; (v) In the event there are two consecutive defaults in attending the Trial Court, the Trial Court shall submit report to this Court; (vi) In the event of default committed by the applicant in attending the Trial Court, the prosecution will be at liberty to prefer application for cancellation of bail.

(PRAKASH D. NAIK, J.) MST