Jayprakash Chandrika Yadav v. The State Of Maharashtra

by RUPALI RAJESH WAKODIKAR Date:

2022.04.11 18:29:37 +0530 RUPALI RAJESH WAKODIKAR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL INTERIM APPLICATION NO. 1162 OF 2022 IN CRIMINAL REVISION APPLICATION NO. 152 OF 2022 Jayprakash Chandrika Yadav ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr. Rakesh Bhatkar a/w Mohan Devkule & Mohit Dalvi for the Applicant. Mrs. P.P.Shinde, A.P.P for the Respondent-State. CORAM : REVATI MOHITE DERE, J.

DATE : 8 th APRIL, 2022 P.C. :

1.

Heard learned Counsel for the parties.

2.

By this interim application, the applicant seeks suspension of his sentence and enlargement on bail, pending the hearing and final disposal of the aforesaid Revision Application. 3.

The applicant, vide Judgment and Order dated 22nd January, 2013 passed by the learned Judicial Magistrate First Class -1, Dapoli in 1/3

S.C.C.No. 583 of 2006, has been convicted for the offences punishable under Sections 304-A and 427 of the Indian Penal Code. For the offence punishable under Section 304-A of the Indian Penal Code, the applicant has been sentenced to suffer simple imprisonment of one year and for the offence punishable under Section 427 of the Indian Penal Code, the applicant has been directed to pay fine of Rs.5,000/-, in default, to suffer further simple imprisonment for one month. The said Judgment and Order of conviction and sentence was confirmed by the learned Additional Sessions Judge, Khed, District Ratnagiri, vide Judgment and Order dated 16th March, 2020, passed in Criminal Appeal No.23 of 2015. 4.

The Revision Application has been admitted by a separate order passed today and the same is not likely to come up for hearing in the immediate near future. The sentence imposed is a short term sentence. It is not in dispute that the applicant was on bail throughout trial as well during the pendency of his appeal and has not misused or abused the liberty granted to him.

5.

Considering the aforesaid, the application is allowed and the applicant's sentence is suspended and he is enlarged on bail, pending the hearing and final disposal of his Revision Application, on the following 2/3

terms and conditions :-

ORDER

i) The Applicant be released on cash bail in the sum of Rs.15,000/-, for a period of four weeks;

ii) The Applicant shall thereafter furnish P.R. Bond in the sum of 15,000/-, with one or two sureties in the like amount, within a period of four weeks of his release on cash bail; iii) The Applicant shall report to the trial Court, once in six months on the day/date specified by the trial Court; iv) The Applicant shall keep the trial Court informed of his current address and mobile contact number and/or change of residence or mobile details, if any, from time to time; 6.

The Application is allowed in the aforesaid terms and accordingly disposed of.

7.

All concerned to act on the authenticated copy of this order. REVATI MOHITE DERE, J.

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