Namdev Kamaji Hadole v. State Of Maharashtra
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.2404 OF 2022 IN CRIMINAL REVISION APPLICATION NO.295 OF 2022 Namdev Kamaji Hadole Applicant versus The State of Maharashtra Respondent Mr.GaneshGole i/by Mr.Viraj Shelatkar, Advocate for applicant. Mr.A.D.Kamkhedkar, APP, for State.
CORAM : PRAKASH D. NAIK, J.
DATE : 25th July 2022 PC :
1.
This is an application for suspension of sentence and grant of bail during pendency of Criminal Revision Application No.295 of 2022. The applicant was convicted by the Court of Judicial Magistrate, First Class, Roha for the offence u/s.279 and 304A of Indian Penal Code and sentenced to suffer imprisonment of six months and 24 months respectively on each count. He was acquitted for the offence u/s.184 of IPC. The judgment of conviction dated 22nd October 2012 was challenged before the Court of Sessions by preferring Criminal Appeal No.57 of 2012. Vide judgment and order dated 12th July 2022, the appeal was partly allowed. The conviction for offence u/s.279 of IPC was maintained, however, sentence imposed for offence u/s.304A was modified by reducing it to simple imprisonment for 12 months.
2.
Learned advocate for applicant submitted that applicant has MANISH SURESH THATTE MANISH SURESH THATTE Date: 2022.07.27 14:47:21 +0530 been taken in custody on 12th July 2022. He was on bail during trial
2 of 3 33.IA.2404.2022.doc as well as during pendency of appeal. The sentence is of short term. The judgments of Courts below suffers from serious discrepancies. The revision application may not be listed for hearing in near future. 3.
Learned APP submits that Trial Court has recorded evidence and applicant was found guilty. The Appellate Court has maintained the conviction.
4.
Having regard to the factual aspects of the matter, sentence imposed by Appellate Court and the fact that appellant was on bail through out, this application can be allowed.
ORDER
(i) Interim Application No.2404 of 2020 is allowed and disposed of;
(ii) The sentence of imprisonment imposed vide judgment and order dated 22nd October 2012 passed by Joint Judicial Magistrate, First Class, Roha in RCC No.113 of 2010 and confirmed/modified by Sessions Court vide judgment and order dated 12th July 2022 passed by Additional Sessions Judge, Mangaon, District Raigad, in Criminal Appeal No.57 of 2012, is suspended and applicant is directed to be released on bail on executing PR bond in the sum of Rs.20,000/- with one or more sureties in the like amount; (iii) The applicant is permitted to furnish cash bail in the sum of Rs.20,000/- for a period of eight weeks in lieu of sureties; (iv) The applicant shall attend Trial Court once in six months on First Saturday of the month till disposal of the Revision Application; (vi) In the event there are two consecutive defaults in attending the Trial Court, the Trial Court shall submit report to this Court;
3 of 3 33.IA.2404.2022.doc (vii) In the event of default committed by the applicant in attending the Trial Court, the prosecution will be at liberty to prefer application for cancellation of bail.
(PRAKASH D. NAIK, J.) MST