Pradip Prakash Mhatre v. State Of Maharashtra

10-IA-1464-2022-in-APEAL-477-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1464 OF 2022 IN CRIMINAL APPEAL NO. 477 OF 2022 Pradip Prakash Mhatre ...Applicant/Appellant

Versus

State Of Maharashtra

...Respondent

....

Ms. Savita Yadav a/w Ms. Pragati Thakur, Advocate for the Applicant/Appellant.

Mr. Ajay Patil, APP for the Respondent - State.

CORAM

:

PRAKASH D. NAIK, J.

DATE :

5th MAY, 2022.

PER COURT :

1.

This is an application for suspension of sentence and grant of bail. The applicant is convicted for offence punishable under Section 353 of Indian Penal Code (for short "IPC") and sentenced to suffer imprisonment of one year. He is also convicted for offence under Section 332 of IPC and sentenced to suffer imprisonment for one year.

2.

The applicant was on bail during the trial. The sentence of imprisonment is of short term. The sentence is suspended by the trial Court on the date of conviction. The appeal may not reach for hearing within short span of time. Considering these aspects, this application can be allowed. 3.

Hence, I pass the following order:

by SAJAKALI LIYAKAT JAMADAR Date:

2022.05.06 17:30:12 +0530 Sajakali Jamadar SAJAKALI LIYAKAT JAMADAR

10-IA-1464-2022-in-APEAL-477-2022.doc

ORDER

i.

Interim Application No. 1464 of 2022 is allowed; ii.

During the pendency of Criminal Appeal No.477 of 2022, the sentence of imprisonment imposed vide Judgment and order dated 22nd April, 2022 passed by learned Adhoc Addl. Sessions Judge, Raigad-Alibag, in Sessions Case No.83 of 2019 is suspended and the applicant is directed to be released on bail on executing P.R. Bond in the sum of Rs.15,000/- with one or more sureties in the like amount; iii.

The applicant is permitted to furnish cash bail in the sum of Rs.15,000/- for a period of eight weeks in lieu of surety.

iv.

The applicant shall attend the trial Court once in six months on first Saturday of the month till the final disposal of the appeal;

v.

In the event, there are two consecutive defaults in attending the trial Court, the said fact may be brought to the notice of this Court and in such eventuality, the prosecution will be at liberty to prefer an application for cancellation of bail.

vi.

Interim Application stands disposed of accordingly. (PRAKASH D. NAIK, J.) Sajakali Jamadar