Rajendra Baliram Sonawane v. The State Of Maharashtra

ssm 1 4-ia1647.22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.1647 OF 2022 IN CRIMINAL APPEAL NO. 562 OF 2022 Rajendra Baliram Sonawane .....Applicant Vs.

The State Of Maharashtra .....Respondent Ms. Rukmini Khairnar i/by Mr. Pramod Joshi for the Applicant. Ms. S.S. Kaushik APP, for the Respondent-State. CORAM : A. S. GADKARI, J.

DATE : 16th JUNE, 2022.

P.C.:- This is an Application for suspension of sentence and releasing the Applicant on bail.

Applicant has been convicted under Section 353 of the Indian Penal Code and under Section 184 of the Motor Vehicle Act and is sentenced to suffer maximum simple imprisonment for six months and to pay total fine amount of Rs.3,000/- by the learned Additional Sessions Judge-8, Nashik in Sessions Case No.467 of 2019 by its Judgment and Order dated 12th May, 2022.

Learned Advocate for the Applicant submitted that, the Applicant was on bail during the pendency of trial and there is no report of breach of any of the bail conditions imposed upon him. She further 1/2

ssm 2 4-ia1647.22.doc submitted that, the Applicant has already deposited the entire fine amount in the Registry of the Trial Court after the pronouncement of impugned Judgment and Order.

The sentence imposed upon the Applicant is simple imprisonment for six months and the possibility of hearing the present Appeal on its own merits in near future is remote. The Applicant was on bail during the pendency of Trial.

In view thereof, this Court is of the opinion that, during the pendency of present Appeal the substantive sentence imposed upon the Applicant can be suspended and he can be released on bail. Hence, the following Order:- (a) Applicant be released on bail in Sessions Case No.467 of 2019 arising out of C.R. No.I-07 of 2019 registered with Ambad Police Station, Nashik on his furnishing P.R. bond of Rs.10,000/- with one or two local sureties in the same amount.

(b) After his release from Jail and till final disposal of present Appeal, the Applicant is directed to attend Ambad Police Station, Nashik on every first Monday of every 3rd month, i.e. 4 times in a year.

Application is allowed in the aforesaid terms. (A.S. GADKARI, J.) 2/2 SANJIV SHARNAPPA MASHALKAR SANJIV SHARNAPPA MASHALKAR Date: 2022.06.18 11:11:18 +0530