Dattatray Hanmant Bhagat v. The State Of Maharashtra

Mamta Kale 27-ia-5362-2024 in revn656-2024-.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION Interim Application No. 5362 of 2024 in Revision Application No. 656 of 2024 Dattatray Hanmant Bhagat Age 37 years, Occ. Service, R/at. Tadwale, Tal. Atpadi, Dist.- Sangli.

... Applicant versus The State of Maharashtra Through PSO, Medha Police Station, Tal. Jaoli, Dist. Satara.

... Respondent ---- Mr Rohan Hogle i/b Mr Shailesh Chavan, for the applicant. Ms S E Phad, APP, for the respondent/ State.

---- Digitally signed by MAMTA AMAR KALE Date:

2025.01.02 16:32:14 +0530 MAMTA AMAR KALE Coram: R.N. Laddha, J.

Date: 2 January 2025 P.C.:

.

By this application, the applicant, convicted of offences punishable under Sections 304(A), 279, 337 and 338 of the Indian Penal Code and Sections 184, 134(a)(b) read with Section 187 of the Motor Vehicles Act, 1988, seeks suspension of the sentence and grant of bail. While convicting the applicant, the learned Judicial Magistrate First Class, Medha, Satara, by an order dated 23 February 2018 in S.C.C. No.78 of __________________________________________________ 2 January 2025

Mamta Kale 27-ia-5362-2024 in revn656-2024-.docx 2015, directed the applicant to undergo simple imprisonment for a period of one year and pay fine of Rs.3,000/-. In appeal, the learned Additional Sessions Judge, Satara, vide order dated 4 December 204 in Criminal Appeal No.26 of 2018, upheld the applicant's conviction and sentence.

2.

I have heard Mr Rohan Hogle, the learned Counsel appearing on behalf of applicant and Ms S E Phad, the learned Additional Public Prosecutor representing the respondent / State and perused the records.

3.

Considering the nature of accusation, the quantum of sentence and the fact that the applicant was on bail during the pendency of the trial as well as the appeal, the applicant's sentence is suspended during the pendency of the revision application in the following terms:

(a) The applicant, Dattatray Hanmant Bhagat, shall be released on bail in connection with C. R. No.46 of 2015, upon executing a P.R. Bond of Rs.25,000/- and furnishing one or more sureties in the like amount.

4.

The interim application stands disposed of accordingly. (R.N. Laddha, J.) __________________________________________________ 2 January 2025