Sagar Vishnu Patil Bhandare v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 4140 OF 2023 IN REVISION APPLICATION NO. 375 OF 2023 SAGAR VISHNU PATIL BHANDARE ..APPLICANT VS.

THE STATE OF MAHARASHTRA ..RESPONDENT ------------ Adv. Satyavrat Joshi i/b Adv. Nitesh Mohite for the Applicant (through V.C.).

Adv. Megha Bajoria for Respondent No.2 (through V.C.). Mr. S.H. Yadav, APP for the State.

------------ CORAM : M. S. KARNIK, J.

DATE : FEBRUARY 8, 2024 P.C. :

1.

Heard learned counsel for the applicant, learned counsel for respondent No.2 and learned APP for the State. 2.

The appellate Court by dismissing the appeal preferred by the present applicant has confirmed the order passed by the learned Judicial magistrate First Class, Shirala, convicting the applicant for the offence punishable under Sections 354 of the Indian Penal Code. The sentence imposed is one year rigorous imprisonment and a fine 1/3

amount. Learned counsel for the applicant states that if the fine amount not paid, the same shall be deposited before his release. Pursuant to the order passed by the appellate Court, the applicant was taken into custody to serve the sentence on 17/10/2023. The applicant has served almost 31⁄2 months of his sentence.

3.

With the assistance of the learned counsel, I have perused the impugned judgment and order as well as the materials on record. The application is opposed by the learned APP and learned counsel for respondent No.2. It is submitted that there is no reason to fault the concurrent finding recorded by the trial Court and hence bail be rejected.

4.

Considering that the sentence is for 1 year of which the applicant has already served 31⁄2 months, the sentence imposed by the trial Court needs to be suspended. The revision is not likely to be heard finally any time soon. The sentence is accordingly suspended.

5.

The applicant is enlarged on bail on his furnishing P.R. Bond of Rs.10,000/- with one or more sureties in the like 2/3

amount.

6.

The applicant is permitted to furnish cash bail surety in the sum of Rs.10,000/- for a period of 6 weeks in lieu of surety.

7.

The applicant shall not make any attempt to contact the victim or threaten or intimidate her.

8.

The interim application stands disposed of in the above terms.

(M. S. KARNIK, J.) 3/3 Signed by: Darshan Patil Designation: PA To Honourable Judge Date: 08/02/2024 19:56:29