Dhruvakumar @ Dhruva Rampratap Gupta And ORS v. The State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 939 OF 2017 (for Bail) IN CRIMINAL APPEAL NO. 567 OF 2017 1.
Dhruvakumar @ Dhruva Rampratap ) Gupta .
) 2) Narayan Ramchandra Shinde ) 3) Rakesh @ Ramesh Bhadai Yadav ).. Applicants Vs.
4) The State of Maharashtra .. Respondent Ms. Anjali Patil, for the applicants.
Mr.Y.M.Nakhwa,APP, for the State.
CORAM : SMT. SADHANA S.JADHAV, J.
DATE : 31st January, 2018.
P.C. :
1.
This is an application under Section 389 of Cr.P.C. The applicants herein are convicted by the Addl. Sessions Judge, Khed, in Sessions Case No.18 of 2015 for the offences punishable under Section395 of the Indian Penal Code and sentenced to suffer R.I. for five years and fine of Rs.2,000/- in default of payment of fine, simple imprisonment for four months vide judgment and order dated 9.6.2017. The applicants herein were arrested on
4.2.2015 and continue to be in custody till today. The applicants herein are sentenced for a short-term sentence.
2.
In Kiran Kumar vs. State of Madhya Pradesh, AIR 2001 SCW 5130, the Hon'ble Apex Court has held that "when a person is convicted and sentenced to a short term imprisonment the normal rule is that when his appeal is pending the sentence should be suspended and rejection is only by way of exception and be put forward for such rejection. If the short-term sentence is allowed to run out during the pendency of the appeal the appeal itself will become, for all practical purposes, infructuous so far as the appellant is concerned."
3.
The applicants have been in custody for almost two years. It would not be possible to hear the appeal in the near future. Hence, the substantive sentence imposed upon the applicants deserve to be suspended. 4.
The learned APP submits that the applicant No.1 - Dhruvakumar @ Dhruva Rampratap Gupta hails from Gorakhpur, Uttar Pradesh.
O R D E R
(i) The application is allowed.
(ii) The substantive sentence is hereby suspended and the applicants be enlarged on bail on furnishing P.R. Bonds in the sum of Rs.35,000/- each
with one or more solvent sureties in the like amount. (iii) The applicant No.1 shall report to the Sessions Court at Khed once in three months and the applicant Nos. 2 & 3 shall report to the Sessions Court, Khed once in six months on the date assigned by the Sessions Court during the pendency of the Appeal. Upon failure to attend any two consecutive dates, the learned Sessions Judge, Khed shall submit a report to the High Court and the prosecution would be at liberty to file an application for cancellation of bail.
(iv) The applicants shall furnish their addresses in Maharashtra as well as telephone numbers, etc.
The application stands disposed of.
(SMT. SADHANA S.JADHAV, J.)