Amar Vasant Londhe v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 779 OF 2022 IN CRIMINAL APPEAL NO. 242 OF 2022 Amar Vasant Londhe ...Applicant/Appellant

Versus

The State Of Maharashtra & Anr.

...Respondents

....

Mr. Onkar Mane, Advocate for the Applicant/Appellant Mr. S. V. Sonawane, 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 during the pendency of Criminal Appeal No.242 of 2022.

2.

The applicant has been convicted for offence punishable under Section 325 of Indian Penal Code (for short "IPC") and sentenced to suffer imprisonment of one year. He is also convicted for offence under Section 506 of IPC and sentenced to suffer imprisonment of six months. Both the sentences are directed to run concurrently. The accused No.2 (mother of applicant) has been acquitted from all the charges. The applicant was on bail during the trial. Considering the fact that the sentence by SAJAKALI LIYAKAT JAMADAR Date:

2022.03.16 11:46:16 +0530 SAJAKALI LIYAKAT JAMADAR

is of short term, case is made out for suspension of sentence and grant of bail.

3.

Hence, I pass the following order:

ORDER

i.

Interim Application No. 779 of 2022 is allowed; ii.

During the pendency of Criminal Appeal No.242 of 2022, the sentence of imprisonment imposed vide Judgment and order dated 31st January, 2022 passed by learned Additional Sessions Judge in Sessions Case No.90 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.

The applicant shall not approach the complainant and shall not cause any harassment to her in any manner.

vii.

Interim Application stands disposed of accordingly. (PRAKASH D. NAIK, J.)