Ambadas Hariba Yadav v. The State Of Maharashtra

osk 25-IA-1110-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1110 OF 2021 IN CRIMINAL REVISION APPLICATION NO. 96 OF 2021 Ambadas Hariba Yadav ... Applicant V/s.

The State of Maharashtra ... Respondent Mr.Sagar Tambe i/b. Mr.Ritesh Thobde for Applicant. Mr.Amit Palkar, A.P.P. for Respondent-State.

CORAM : A.S. GADKARI, J.

DATE : 30th March 2021.

P.C. :

This is an application for suspension of sentence and releasing the applicant on bail.

2.

The applicant is convicted under Section 354 of the Indian Penal Code and is sentenced to suffer rigorous imprisonment of 6 months and to pay a fine of Rs.10,000/-, in default of payment of fine to further suffer rigorous imprisonment for one month by the learned Judicial Magistrate First Class, Mangalwedha, in Summary Trial Case (S.T.C.) No. 04 of 2012 by its Judgment and Order dated 30th September 2015.

Criminal Appeal No.31 of 2015 preferred by the applicant has been turned down by the learned Extra Jt. Additional Sessions Judge, Pandharpur by its Judgment and Order dated 17th March 2021. 1/2

osk 25-IA-1110-2021.odt 3.

Learned counsel for the applicant submitted that, the applicant has already deposited entire fine amount in the Registry of the Trial Court. He submitted that, during the pendency of the trial so also in the appeal, the applicant was released on bail and there is no report of breach of any of the conditions.

4.

The sentence imposed upon the applicant is a short term sentence. The possibility of hearing the present Revision on its own merits in near future is remote. In view thereof, the sentence imposed upon the applicant can be suspended and he can be released on bail. 5.

Hence, following order :- (i) During the pendency of the present Revision, the substantive sentence imposed upon the Applicant is suspended. (ii) Applicant be released on bail in Summary Trial Case (S.T.C.) No. 04 of 2012 on his furnishing P.R. bond of Rs.10,000/- with one or two local sureties in the like amount. (iii) After his release from Jail and during the pendency of the present Revision Application, the applicant shall attend Mangalwedha Police Station, on every first Monday of every 3rd month between 10:00 am to 12:00 noon. Thus, the Applicant shall attend Mangalwedha Police Station four times in a year.

6.

Application is allowed in the aforesaid terms. [A.S. GADKARI, J.] 2/2