Jitendra Nimba Mali v. State Of Maharashtra

p-501-ia-2003-24 in apeal-507-24.doc Digitally signed by DINESH SADANAND SHERLA Date:

2024.05.09 18:50:25 +0530 DINESH SADANAND SHERLA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2003 OF 2024 IN APPEAL NO. 507 OF 2024 Jitendra N. Mali ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr. Ankur Pahade a/w. Mr.Anshuman R. Asare i/b Mr. Chetan Deshmukh for the Applicnat.

Ms Sangeeta D. Shinde, APP for the Respondent/State.

CORAM

:

N. R. BORKAR, J.

DATE :

9 MAY 2024.

PC:- 1.

Not on board. Taken on production board.

2.

The applicant has filed the appeal against the judgment and order dated 8.4.2024 in Sessions Case No. 533 of 2019, by which the trial Court has convicted the applicant for the offence punishable under Sections 332 of the Indian Penal Code and Section 85(i) of the Bombay Prohibition Act and sentenced to suffer simple imprisonment for six months and one month respectively.

3.

By this application, the applicant has prayed that the substantive sentence be suspended and he be released on bail. 4.

I have heard learned counsel for the applicant, learned APP for the respondent/State.

Dinesh S. Sherla 1/2

p-501-ia-2003-24 in apeal-507-24.doc 5.

The learned counsel for the applicant submits that the applicant has good case on merits. The applicant was on bail during trial. It is submitted that the applicant has deposited the fine amount.

6.

On the other hand, learned APP for the respondent-State submits that considering the nature of offence, the sentence may not be suspended.

7.

This Court has admitted the appeal filed by the applicant. Considering the fact that sentence is of only six months, I am inclined to suspend the sentence and release the applicant on bail.

8.

Interim Application is allowed.

9.

Till the decision of the appeal, the substantive sentence of imprisonment is suspended and the applicant be released on bail on executing P.R. Bond in the sum of Rs.15,000/- with one surety in the like amount.

(N.R. BORKAR, J.) Dinesh S. Sherla 2/2