Dnyaneshwar Vishram Sawant v. The State Of Maharashtra And ANR.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.2407 OF 2021 IN CRIMINAL APPEAL NO. 822 OF 2021 Dnyaneshwar Vishram Sawant ...Applicant/Appellant

Versus

The State Of Maharashtra And Anr.

...Respondent

....

None for the Applicant/Appellant.

Mr. Kuldeep S. Patil, Special P. P. for Respondent No.2. Mr. Arfan Sait, APP for the Respondent - State.

CORAM

:

PRAKASH D. NAIK, J.

DATE :

28th MARCH, 2022.

PER COURT :

1.

This is an application for suspension of sentence and grant of bail during the pendency of Criminal Appeal No.822 of 2021.

2.

The applicant has been convicted by the Special Judge, Greater Bombay vide judgment and order dated 30th August, 2021 for offence punishable under Section 120-B of Indian Penal Code (for short "IPC") & Sections 420, 468, 471, r/w Section 120-B of IPC. He has been sentenced to undergo imprisonment of one year & six months on different counts. The sentences were directed to run concurrently. From the receipts annexed to this application by SAJAKALI LIYAKAT JAMADAR Date:

2022.03.29 16:13:44 +0530 SAJAKALI LIYAKAT JAMADAR

appears that the fine amount has been deposited before the trial Court.

3.

Considering the fact that the sentence is of short term, this application can be allowed.

4.

Hence, I pass the following order:

ORDER

i.

Interim Application No. 2407 of 2021 is allowed; ii.

During the pendency of Criminal Appeal No.822 of 2021, the sentence of imprisonment imposed vide Judgment and order dated 30th August, 2021 passed by learned Special Judge (CBI) in CBI Special Case No.75 of 2011 is suspended and the applicant is directed to be released on bail on executing P.R. Bond in the sum of Rs.25,000/- with one or more sureties in the like amount;

iii.

The applicant is permitted to furnish cash bail in the sum of Rs.25,000/- for a period of eight weeks in lieu of surety.

iv.

The applicant shall attend the trial Court once in six months on first Saturday of the month till the final disposal of the appeal;

v.

In the event, there are two consecutive defaults in attending the trial Court, the said fact may be brought to the notice of this Court and in such eventuality, the prosecution

will be at liberty to prefer an application for cancellation of bail.

vi.

Interim Application stands disposed of accordingly. (PRAKASH D. NAIK, J.)