Prashant Pandharinath Patil And ANR. v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.858 OF 2022 IN CRIMINAL APPEAL NO.261 OF 2022 Prashant Pandharinath Patil and another Applicants versus The State of Maharashtra Respondents Ms.Sandhya A. Mailagir, Advocate for applicants. Mr.Ajay Patil, APP, for State.

CORAM : PRAKASH D. NAIK, J.

DATE : 16th March 2022 PC :

1.

The applicants are seeking suspension of sentence and grant of bail during pendency of Criminal Appeal No.261 of 2022. The applicants are convicted for the offences under Sections 353 r/w 34 of Indian Penal Code and Section 332 r/w 34 of Indian Penal Code. They were sentenced to suffer imprisonment of four years on each count with fine of Rs.10,000/- each on each count. 2.

The case of prosecution is that the accused were quarreling in the bar on account of payment of bill. The Police had intervened in the quarrel. PW-1 was assaulted with fist and kicks. Accused were MANISH SURESH THATTE MANISH SURESH THATTE Date: 2022.03.19 11:47:40 +0530 arrested on spot.

3.

Learned advocate for applicants submit that applicants were on bail during trial. They have not misused the facility of bail. The applicants are falsely implicated in this case. Although it is the case

2 of 3 6.IA.858.2022.doc of prosecution that injured was sent for medical examination, the medical evidence is not on record. Independent persons were not examined.

4.

Learned APP submit that there is evidence of injured witness. PW-2 and PW-3 are eye witnesses to the incident. 5.

The applicants are in custody from the date of conviction i.e. 11th February 2022. They were on bail during trial. The overt act attributed to the applicants is that they had assaulted PW-1 who is policeman by fist blows. Evidence of PW-1 mentions that he was medically examined after the incident of assault. It appears that medical evidence is not on record. Considering the fact that sentence is of short term and applicants were on bail during trial, sentence can be suspended. Hence, I pass following order :

ORDER

(i) Interim Application is allowed and disposed of; (ii) The sentence of imprisonment imposed vide judgment and order dated 11th February 2022 passed by Additional Sessions Judge, Kalyan in Sessions Case No.168 of 2020 is suspended and applicants are directed to be released on bail on executing PR bond in the sum of Rs.20,000/- each with one or more sureties in the like amount; (iii) The applicants are permitted to furnish cash bail in the sum of Rs.20,000/- each for a period of ten weeks in lieu of sureties; (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

3 of 3 6.IA.858.2022.doc the Trial Court, the prosecution will be at liberty to prefer application for cancellation of bail.

(PRAKASH D. NAIK, J.) MST