Pramod Shankar Patil v. State Of Maharashtra

2023:BHC-AS:23536 PMB 901.ia.2931-23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.2931 OF 2023 IN CRIMINAL APPEAL NO.913 OF 2023 Pramod Shankar Patil ..Applicant VS.

The State of Maharashtra ..Respondent ------------ Adv. Rajesh P. Khobragade a/w Adv. Gayatri H. Nayak, Adv. Akash Tayade for the Applicant.

Mr. Y. M. Nakhwa, APP for the State.

------------ CORAM : M. S. KARNIK, J.

DATE : AUGUST 19, 2023 P.C. :

1.

Heard learned counsel for the applicant and learned APP for the State.

2.

By the impugned judgment and order the trial Court has convicted the Applicant for an offence punishable under Sections 14(g)(i)(ii)(iv) of the Bombay State Reserve Police Force Act, 1951 thereby sentenced to suffer rigorous imprisonment for two years and six months and fine of Rs.5,000/-. The fine amount has been paid. The Appeal is likely to take some time to be heard finally. I have perused the judgment and order.

1/2

PMB 901.ia.2931-23.doc 3.

Learned APP opposed the application for suspension of sentence.

4.

The applicant was on bail during the trial. He has not misused his liberty while on bail during the trial. Considering that the sentence is short and having regard to the grounds mentioned in the Appeal memo, I am of the opinion that the sentence can be suspended. The sentence is suspended. Hence, the following order :-

O R D E R

(i) Interim Application No.2931 of 2023 is allowed; (ii) The substantive sentence of imprisonment imposed vide Judgment and order dated 04.08.2023 passed by learned Additional Sessions Judge, CR. No.23, Gr. Mumbai in Sessions Case No.1919 of 2019 is suspended and the applicant is directed to be released on same bail as in the trial Court with fresh bond.

5.

Interim Application stands disposed of accordingly. (M. S. KARNIK, J.) 2/2