Ganesh Dadasaheb Sawant v. The State Of Maharashtra And Another

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1378 OF 2022 IN CRIMINAL APPEAL NO.303 OF 2022 Ganesh s/o Dadasaheb Sawant ... APPLICANT

VERSUS

The State of Maharashtra & anr.

... RESPONDENTS .......

Mr. D.R. Markad, Advocate for applicant Mr. R.B. Bagul, A.P.P. for respondent No.1 .......

CORAM :

R. G. AVACHAT, J.

DATE :

25th APRIL, 2022.

PER COURT :

Heard learned counsel for the applicant and learned A.P.P. for respondent No.1 - State.

2.

The applicant has been convicted for the offence punishable under Sections 354 and 506 of the Indian Penal Code. For the offence punishable under Section 354 of the Indian Penal Code, the applicant is sentenced to suffer rigorous imprisonment for one year and to pay fine of Rs.1000/-, in default to suffer S.I. for one month. For the offence punishable under Section 506 of the Indian Penal Code, the applicant is sentenced to pay fine of Rs.1000/-, in

default to suffer S.I. for one month. Considering that it is a short term sentence and the appeal is not likely to come up for final hearing in near future, I am inclined to suspend the sentences and release the applicant on bail pending the appeal. Hence the order :-

O R D E R

(i) The criminal application is allowed.

(ii) Pending the appeal, the substantive sentences imposed upon the applicant by the learned Additional Sessions Judge, Ahmednagar by judgment and order dated 26/3/2022 passed in Special Case No.7/2020 are suspended and the applicant be released on bail on his executing P.R. bond in the sum of Rs.15,000/- (Rupees fifteen thousand) with one surety in the like amount.

( R. G. AVACHAT ) JUDGE fmp/-