Anant Vyankatrao Patil v. State Of Maharashtra

2023:BHC-AS:23495 Darshan Patil 902.IA.1830-23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.1830 of 2023 IN CRIMINAL APPEAL NO.567 OF 2023 Anant Vyankatrao Patil ..Applicant VS.

The State of Maharashtra and Anr.

..Respondents ------------ Mr. Rohin R. Chauhan i/b Mr. Aadesh Konde-Deshmukh for the Applicant.

Adv. Tanu Khattri h/f Adv. Meghna Gowlani for Respondent No.2 through Legal Aid.

Mr. Y. M. Nakhwa, APP for the State.

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

DATE : AUGUST 19, 2023 P.C. :

1.

Heard learned counsel for the applicant, learned counsel for respondent No.2 who is appointed by this Court and learned APP for the State.

2.

Learned APP and learned counsel for respondent No.2 opposed the application for suspension of sentence and for releasing the applicant on bail. The sentence of imprisonment is for a period of fifteen days for the offence punishable under Section 323 of the Indian Penal Code. 1/2

Darshan Patil 902.IA.1830-23.doc 3.

There is nothing on record to indicate that the applicant has misused his liberty when he was on bail during the trial. Considering the short sentence and as the appeal is likely to take some time to be heard finally, in my opinion, the sentence can be suspended. Hence, the following order.

ORDER

i.

Interim Application No. 1830 of 2023 is allowed. ii.

The substantive sentence of imprisonment imposed vide Judgment and order dated 29/03/2023 passed by Special Judge, Pune, in Special Case No. 266/2018 is suspended and the applicant is directed to be released on same bail as in the trial Court with the fresh bond.

4.

The Interim Application stands disposed of accordingly.

(M. S. KARNIK, J.) 2/2