Ramchandra Shridhar Joshi v. State Of Maharashtra

2024:BHC-AS:13706

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.1095 OF 2024 IN CRIMINAL APPEAL NO.293 OF 2024 RAMCHANDRA SHRIDHAR JOSHI ..APPLICANT VS.

THE STATE OF MAHARASHTRA THROUGH CBI, ACB ..RESPONDENT ------------ Adv. Mahesh R. Joshi a/w Adv. Prashant P. Mulye for the applicant.

Mr. S. V. Walve, APP for the State.

Adv. Shreeram Shirsat, SPP a/w Adv. Karishma Rajesh a/w Adv. Shekhar Mane a/w Adv. Janvi Mate a/w Adv. Nishad Mokashi for respondent-CBI.

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

DATE : MARCH 21, 2024 P.C. :

1.

Heard learned counsel for the applicant, learned APP for the State and Mr. Shirsat, learned counsel for respondent-CBI.

2.

This is an application for suspension of sentence and bail. The applicant is convicted for the offence punishable under Section 120-B of the Indian Penal Code (hereafter 'IPC' for short) and is sentenced to suffer rigorous 1/3

imprisonment for one year and to pay fine of Rs.25,000/-, in default to suffer rigorous imprisonment for three months. The applicant is also convicted under Section 409 read with 120-B of the IPC and is sentenced to suffer rigorous imprisonment for two years and to pay fine of Rs.50,000/-, in default to suffer rigorous imprisonment for six months. The applicant is also convicted for the other offences but the sentence is less than two years. The fine amount has been paid.

3.

Mr. Shirsat opposed the application for suspension of sentence and bail. It is submitted that the trial Court has considered the evidence on record and after due consideration and on proper appreciation, convicted the applicant.

4.

The applicant was on bail during the trial. There is nothing on record to indicate that the applicant had misused his liberty while on bail. Considering the short sentence imposed and as the appeal is not likely to be heard any time soon, I am inclined to suspend the sentence and to enlarge the applicant on bail.

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5.

The sentence imposed by the trial Court is suspended. The applicant be enlarged on same bail as before the trial Court with fresh bonds.

6.

The applicant shall report to the trial Court once in a year, on first Monday of the concerned month, between 11.00 a.m. to 1.00 p.m., commencing April, 2024. The applicant shall deposit the passport with the Registry of this Court. If the applicant does not have passport, he shall file an affidavit to that effect before the trial Court within a period of two weeks from today.

7.

The interim application is disposed of.

(M. S. KARNIK, J.) 3/3 Signed by: Pradnya Bhogale Designation: PA To Honourable Judge Date: 21/03/2024 15:05:45