Dattatray Hanmant Bhagat v. The State Of Maharashtra

27-IA-5362-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CR. INTERIM APPLICATION NO. 5362 OF 2024 [SUSPENSION OF SENTENCE & FOR BAIL] IN CRI. REVISION APPLICATION NO. 656 OF 2024 Digitally signed by SHRADDHA KAMLESH TALEKAR Date:

2024.12.26 19:55:58 +0530 SHRADDHA KAMLESH TALEKAR Dattatray Hanmant Bhagat ...Applicant

Versus

The State of Maharashtra Thgough PSO, Medha Police Station

...Respondent

Mr. Shailesh Chavan a/w. Mr. Rohan Hogle, Advocates for Applicant.

Mr. Ashok S. Gawai, APP, for Respondent-State.

CORAM:

SOMASEKHAR SUNDARESAN, J.

DATE :

DECEMBER 26, 2024 (VACATION COURT) P. C.

1.

Upon hearing the Learned Counsel for the Applicant for some time, it becomes apparent that the Applicant came to be convicted for rash and negligent driving, which led to one death. The conviction, although effected on February 23, 2018, did not lead to the Applicant being taken into custody since the conviction order itself enabled him to be released him on bail. Thereafter, upon the Appeal being dismissed on December 4, 2024, the Applicant has been taken into December 26, 2024 Shraddha

27-IA-5362-2024.doc custody. The Applicant seeks a suspension of the sentence on the premise that the sentence entails imprisonment of one year and the incident in question relates to 2015, when he was just about 25 years of age and that pending consideration of his Criminal Revision Application No. 656 of 2024, it would be just to suspend the sentence. 2.

Considering that the Court would re-open post vacation as early as January 2, 2025, taking into account all the factors outlined by the Applicant, let the matter be considered by the Regular Bench immediately upon re-opening. List on January 2, 2025 with a request to give this matter reasonable priority considering the age of the Applicant, the vintage of the incident and the residual length of the sentence (he would have served 10% of the sentence by the first week of January 2025). Ordered accordingly.

3.

All actions required to be taken pursuant to this order shall be taken upon receipt of a downloaded copy as available on this Court's website.

[SOMASEKHAR SUNDARESAN, J.] December 26, 2024 Shraddha