Dnyaneshwar Maruti Lokhande v. State Of Maharashtra And ANR.

2024:BHC-AS:15804

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 343 OF 2024 WITH INTERIM APPLICATION NO. 1371 OF 2024 DNYANESHWAR MARUTI ..APPELLANT/ LOKHANDE APPLICANT VS.

THE STATE OF MAHARASHTRA AND ANR.

..RESPONDENTS ------------ Adv. Dushyant Pagare for the Appellant/Applicant. Mr. S.A. Karmakar, APP for the State.

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

DATE : APRIL 03, 2024 P.C. :

CRIMINAL APPEAL NO. 343 OF 2024 1.

Admit.

2.

Call for record and proceedings.

3.

Learned APP waives service of notice on behalf of the State.

INTERIM APPLICATION NO. 1371 OF 2024 4.

Learned counsel for the applicant seeks leave to amend prayer clause (a).

5.

Leave as sought for is granted. Amendment to be

carried out forthwith.

6.

This is an application for suspension of the sentence imposed by the trial Court vide judgment and order dated 07/03/2024 and bail. The applicant was convicted by the trial Court for the offence punishable under Sections 354-A, 504 and 506 of the Indian Penal Code and sentenced to undergo simple imprisonment for one year and fine. The fine amount has been paid. The sentence is to run concurrently. Learned APP opposed the appeal and submitted that for cogent reasons, the trial Court had convicted the applicant upon proper appreciation of the evidence.

7.

The applicant was on bail during the trial and there is nothing on record to indicate that the applicant has misused his liberty.

8.

Considering the short sentence and that the appeal is unlikely to be heard any time soon, the sentence is suspended.

9.

The applicant is accordingly released on the same bail as in the trial Court but with fresh bail bonds. 10.

The applicant to furnish his contact number and

residential address to the Investigating Officer and shall keep him updated, in case there is any change.

11.

The applicant shall remain present in the Court at the time of hearing of the appeal.

12.

The applicant shall attend the trial Court, once a year, on the first Monday of the concerned month, between 11.00 a.m. and 2.00 p.m. commencing May 2024.

13.

The interim application stands disposed of.

(M. S. KARNIK, J.) Signed by: Darshan Patil Designation: PA To Honourable Judge Date: 03/04/2024 17:27:31