Pravin Ankush Pawar v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.492 OF 2017 IN CRIMINAL APPEAL NO.286 OF 2017 PRAVIN ANKUSH PAWAR )...APPLICANT V/s.

THE STATE OF MAHARASHTRA )...RESPONDENT Mr.Vishal Kolekar, Advocate for the Applicant. Ms.A.A.Takalkar, APP for the Respondent - State.

CORAM

:

A. M. BADAR, J.

DATE :

31st MARCH 2017 P.C. :

This is an application for suspension of sentence and releasing the applicant / accused on bail during pendency of the appeal filed by him. The applicant / accused has been convicted of the offence punishable under Section 3(10)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, and he is sentenced to suffer rigorous imprisonment for 6 months avk 1/3

apart from direction to pay fine of Rs.10,000/-, in default, to under further rigorous imprisonment for 2 months. Heard learned advocate appearing for the applicant/ accused and the learned APP.

The learned advocate for the applicant/ accused argued that the fine amount is already paid by the applicant/ accused and considering short sentence imposed on him, which is also suspended by the learned trial court, his application needs to be allowed.

The learned APP opposed the application.

I have carefully considered the rival submissions and perused the impugned judgment and order. Short sentence of six months is imposed on the applicant/ accused and the appeal is not likely to be heard in near future. In this view of the matter, the following order :

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i) The application is allowed.

ii) Substantive sentence of imprisonment imposed upon the applicant/ accused is suspended and the applicant/ accused is directed to be released on bail on his executing P.R.Bond in the sum of Rs.15,000/- and on furnishing surety in like amount.

(A. M. BADAR, J.) avk 3/3