Allowed

Vinayak Krishnat Sonawane v. the State of Maharashtra

Bombay HC13 Aug 2014APPA/860/2014

Case brief

AI extract

What is this about?

This criminal application seeks bail for an applicant convicted under Sections 395 and 450 IPC, sentenced to five years, having served over 50% of the term. The Court granted bail allowing suspension of sentence pending appeal, citing pendency and parity.

What did the court decide?

The impugned sentence of the applicant is suspended pending appeal; the applicant is released on bail upon furnishing P.R. Bond of Rs.20,000/- with sureties.

Vinayak Krishnat Sonawane Vs the State of Maharashtra — Bail and Remand | Bombay HC (2014)

¶1

Sherla V.

¶2

appa.860.2014.doc

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

¶4

CRIMINAL APPLICATION NO.860 OF 2014 IN CRIMINAL APPEAL NO.631 OF 2014

¶5

Vinayak Krishnat Sonawane Vs. The State of Maharashtra

¶6

... Applicant

¶7

... Respondent

¶8

Mr.J.J. Bardeskar for the Applicant Ms.A.A. Mane, APP, for Respondent – State

¶9

CORAM: MRS.MRIDULA BHATKAR, J.

¶10

DATE: AUGUST 13, 2014

¶11

P.C.:

¶12

This is an application for bail, by the applicant/original accused No.2 who is convicted under sections 395 and 450 of the Indian Penal Code by the judgment and order dated 1^st March, 2014 passed by the Additional Sessions Judge, Kolhapur in Sessions Case No.16 of 2012 and sentenced to R.I. for five years under each head and payment of fine of Rs.1,000/- on each count and i/d to suffer S.I. for six months. The applicant was arrested on 24.9.2011 and he is convicted by the judgment and order dated 1.3.2014. However, he is in prison since 24.9.2011 and completed 2 years 11 months in custody out of 5 years. He further submitted that accused No.1, who was convicted under the same judgment and order was released on bail by the order passed by this Court on 8.5.2014. It is pointed out by the learned advocate for the

¶13

1 / 2

¶14

appa.860.2014.doc

¶15

applicant that there are two cases pending, one under sections 427, 141, 143 and another under sections 427 and under the Arms Act. However, he seeks relief on the ground of parity.

¶16

Learned Prosecutor has opposed the application.

¶17

The applicant is behind the bars for nearly 2 years and 11 months and has completed more than 50% of his sentence. Considering the pendency of the appeals, there is no possibility of the appeal coming up for hearing in near future, I grant bail to the applicant as under:

¶18

i) The impugned sentence of the applicant is suspended pending appeal;

¶19

ii) The applicant is released on bail upon furnishing P.R. Bond in the sum of Rs.20,000/- with one or two sureties in the like amount;

¶20

iii) The applicant shall not tamper with evidence and shall not indulge into any criminal activity while on bail;

¶21

iv) In the event the applicant changes his residence, he shall communicate the new address to the concerned police station; v) The applicant shall make himself available at the time of hearing of the appeal.

¶22

The Criminal application is disposed of in the above terms.

¶23

(MRS.MRIDULA BHATKAR, J.)

¶24

2 / 2

Vinayak Krishnat Sonawane v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Vinayak Krishnat Sonawane v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Dilip Gajanan Pandit Vs the State of Maharashtra

Shubha Govind Mundale Vs the State of Maharashtra

Muddassar Yusuf Khan Vs the State of Maharashtra

Satish Revansidha Giranivadal (Jadhav) and Ors. Vs the State of Maharashtra

Murlidhar Vitthal More Vs the State of Maharashtra

Sunil Sadashiv Choudhari Vs the State of Maharashtra