Mariamma Rajendra Devendra v. State Of Maharashtra

24:BHC-AS:2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.185/2024 WITH INTERIM APPLICATION NO.856/2024 IN CRIMINAL APPEAL NO.185/2024 MARIAMMA RAJENDRA DEVENDRA ..APPELLANT VS.

THE STATE OF MAHARASHTRA ..RESPONDENT ------------ Adv. Gauri R. Parab a/w. Adv. Eknath Sawant, Adv. Harishkumar Zende for the applicant/appellant. Mr. B. B. Kulkarni, APP for the State.

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

DATE : MARCH 6, 2024.

P.C. :

1.

Leave to amend so as to implead the informant as party respondent no.2.

2.

Leave is granted. Amendment to be carried out forthwith.

CRIMINAL APPEAL NO.185/2024 3.

Admit.

4.

Call for record and proceeding.

5.

Learned APP waives service on behalf of the State. 1/3

INTERIM APPLICATION NO.856/2024 IN CRIMINAL APPEAL NO.185/2024 6.

This is an application for suspension of sentence and bail.

7.

The applicant is convicted vide judgment and order dated 26/12/2023 passed by the Additional Sessions Judge in S.C. No.417/2015 for the offence punishable under Section 325 of the Indian Penal Code and is sentenced to suffer rigorous imprisonment for two years and fine of Rs.5000/-. The fine amount has been paid.

8.

This application is opposed by learned APP for the State. It is submitted that for the cogent reasons the trial Court has convicted the applicant.

9.

I have perused the judgment and order of the conviction passed by the trial Court. During the course of the investigation, the applicant was in custody for 103 days. The set off has been granted by the trial Court. While on bail before the trial Court, there is nothing on record to indicate that the applicant has misused the liberty. The appeal is unlikely to be heard soon. Though the application is opposed by learned APP, I am inclined to suspend the 2/3

sentence. The sentence imposed by the trial Court vide order dated 26/12/2023 is suspended. The applicant be enlarged on same bail as before the trial Court but with fresh bonds.

10.

The applicant to furnish the details of her residential address and contact number to the Investigating OfÏcer. 11.

The application is disposed of.

(M. S. KARNIK, J.) 3/3 Signed by: Diksha Rane Designation: PS To Honourable Judge Date: 06/03/2024 17:54:21