Bombay High CourtAPPA/908/2017allowed

Chandrashekhar Subhrahmanyam Mudliyar (In Jail) v. State Of Maharashtra Thr. Pso Karanja (Ghadge) Dist. Wardha

2017-11-03Hon'Ble Kum. Justice Indira Jain3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR Criminal Application (APPA) No. 908/2017 In Criminal Appeal NO. 535 OF 2017 Chandrashekhar S. Mudliar V/s State of Mah., Thr. Police Station Officer, Karanja Dist. Wardha.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. Y.B. Mandpe, Advocate for Appellant.

Mr. S.D. Sirpurkar, A.P.P. for Respondent/State. CORAM : KUM. INDIRA JAIN, J.

DATED : 03/11/2017 Heard Shri Y.B. Mandpe, learned counsel for Appellant and Shri S.D. Sirpurkar, learned Additional Public Prosecutor for Respondent/State. By this application applicant-accused is seeking suspension of substantive sentence of imprisonment awarded by the learned Additional Sessions Judge, Wardha, vide judgment and order dated 17/08/2017 passed in Sessions Case No. 131/2013 convicting the applicant of the offenses punishable under sections 395, 120-B, 342 of the Indian Penal Code. The maximum sentence awarded

is 7 years rigorous imprisonment.

The learned counsel for applicant submits that similarly situated accused have been released on bail and substantive sentence of imprisonment has been suspended by this Court in their case vide order dated 11/10/2017 in Criminal Application (APPA) Nos.864 of 2017 and756 of 2017. Copies of orders have been placed on record.

As applicant is in jail since 09/03/2013 and he has already undergone substantial sentence of imprisonment of 4 years and 8 months, this Court is inclined to allow the application in view of judgment of the Hon'ble Supreme Court in Kamal V/s State of Haryana - (2004) 13 Supreme Court Cases 526.

Hence the following order.

ORDER

i) The execution of substantive sentence of imprisonment is suspended during pendency of

appeal on applicants furnishing PB and SB of Rs. 15,000/- each to the satisfaction of the trial Court.

ii) Criminal Application is allowed in the above terms.

JUDGE Nandurkar