Tanaji Shivaji Khetri v. The State Of Maharashtra

Osk 10-IA-2118-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2118 OF 2022 IN CRIMINAL APPEAL NO. 666 OF 2022 Tanaji Shivaji Khetri ... Applicant/Appellant V/s.

The State of Maharashtra ... Respondent Mr. Rushikesh Kale for Applicant/Appellant.

Mr. R.M. Pethe, A.P.P. for Respondent-State.

CORAM : A.S. GADKARI, J.

DATE : 7th July 2022.

P.C. :

1.

This is an application for suspension of sentence and releasing the Applicant on bail.

2.

Applicant is convicted under Sections 341 and 353 of The Indian Penal Code (for short, 'I.P.C.') and is sentenced to suffer maximum rigorous imprisonment for 6 months and to pay a total fine of Rs.1500/- by the learned Additional Sessions Judge, Solapur, in Sessions Case No.41 of 2019 by its Judgment and Order dated 4th May 2022.

3.

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

Osk 10-IA-2118-2022.odt has already deposited entire fine amount in the Registry of the Trial Court. 4.

The sentence imposed upon the Applicant is a short terms sentence i.e. 6 months of rigorous imprisonment. Possibility of hearing the present Appeal on its own merits in near future is remote. Record indicates that, the Applicant was on bail during the pendency of the trial and there is no report of breach of any of the conditions imposed upon him. In view thereof, the substantive sentence imposed upon the Applicant can be suspended and he can be released on bail. 5.

Hence, the following Order :- (i) Applicant/Accused be released on bail in Sessions Case No.41 of 2019 on his furnishing P.R. bond of Rs.15,000/- with one or two local sureties in the like amount.

(ii) After his release from jail and till final disposal of present Appeal, Applicant is directed to attend Akkalkot North Police Station, District Solapur, on every first Monday of the month initially for a period of 1 year and thereafter on every first Monday of every 3rd month, i.e. 4 times in a year.

6.

Application is allowed in the aforesaid terms. [A.S. GADKARI, J.] by OMKAR SHIVAHAR KUMBHAKARN Date:

2022.07.11 10:33:38 +0530 OMKAR SHIVAHAR KUMBHAKARN 2/2