Roshan Sitaram Madhavi v. The State Of Maharashtra
2-IA-4658-2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE JURISDICTION CRIMINAL INTERIM APPLICATION NO. 4658 OF 2024 IN CRIMINAL APPEAL NO. 1183 OF 2024 Roshan Sitaram Madhavi .... Applicant
Versus
The State of Maharashtra .... Respondent ----- Mr. Swapnil Laxman Patil, for the Applicant.
Mr. Shrikant H. Yadav, APP, for the Respondent - State. ----- CORAM : SHIVKUMAR DIGE, J.
DATE : 6th DECEMBER, 2024.
P.C. :
Digitally signed by SHANTANU SHANKARSA DHUDUM Date:
2024.12.11 10:20:56 +0530 SHANTANU SHANKARSA DHUDUM 1.
By this application, Applicant is seeking suspension of sentence.
2.
Learned counsel for the Applicant submits that in Sessions Case No.571 of 2023, Applicant has been convicted for the offence punishable under Section 353 of the Indian Penal Code, 1860 (for short "IPC") and sentenced to suffer Rigorous Imprisonment for two years and to pay fine of Rs.5,000/-, in default Rigorous Imprisonment for one month.
2.1.
Learned counsel further submitted that Applicant is Shantanu Dhudum 1/2
2-IA-4658-2024.doc convicted under Section 332 of the IPC and sentenced to suffer Rigorous Imprisonment for one year and to pay fine of Rs.2,500/- in default Rigorous Imprisonment for 15 days.
2.2.
Learned counsel further submitted that Applicant has furnished the surety and bail bond before the trial Court. 3.
Learned APP strongly objected to allow the application. 4.
I have heard both learned counsel. The sentence imposed on the Applicant is short term sentence. During the trial, he was on bail and he has not misused liberty. It may take time to dispose of the appeal.
5.
In view of above, I pass following order:
ORDER
i. Application is allowed.
ii. The sentence imposed on the Applicant is suspended till final disposal of the appeal.
iii. The surety and bail bond executed by the Applicant before the trial Court be continued till the final disposal of the appeal.
The application stands disposed of.
( SHIVKUMAR DIGE, J.) Shantanu Dhudum 2/2