Bombay High CourtAPPLN/2511/2021application allowed

Sominath @ Laccha Balasaheb Sawant v. The State Of Maharashtra

2021-10-21Hon'Ble Shri Justice Nitin Rudrasen Borkar3 pages

( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2511 OF 2021 IN CRIMINAL APPEAL NO.528 OF 2021 SOMINATH @ LACCHA BALASAHEB SAWANT

VERSUS

THE STATE OF MAHARASHTRA Ms. S.N. Devmane, Advocate for the applicant. Mr. S.P. Sonpawale, APP for the respondent/State. CORAM : N.R.BORKAR, J.

DATED :

21.10.2021 PC :- 01.

Not on Board. Taken on Board.

02.

This is an application for suspension of sentence and to release the applicant on bail. The applicant came to be convicted for the offence punishable under section 332 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for six months and to pay fine of Rs.1500/-, in default, to suffer simple imprisonment for fifteen days. The applicant is also convicted for the offence punishable under section 353 of

( 2 ) the Indian Penal Code and sentenced to suffer rigorous imprisonment for one year and to pay fine of Rs.2500/-, in default, to suffer simple imprisonment for one month. 03.

I have heard learned Counsel for the applicant and learned APP for the respondent-State.

04.

Learned Counsel for the applicant submits that the applicant has good case on merits. It is further submitted that the applicant was on bail during trial and the applicant did not misuse the liberty granted to him. 05.

On the other hand, learned APP submits that the applicant is involved in serious crime of assault on public servant and accordingly it is submitted that the application be rejected.

06.

Considering the short term of sentence and the fact that the applicant was on bail during trial, I am inclined to suspend the substantive sentence and release

( 3 ) the applicant on bail. In the result, following order is passed :-

O R D E R

(1) The application is allowed.

(2) Substantive sentence is suspended and the applicant be released on bail on executing PR bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand) with one surety in like amount.

(3) The application is disposed of.

(4) Bail before the Trial Court.

[N.R.BORKAR,J.] snk/2021/NOV21/cria2511.21