The High Court suspended the execution of a two-year prison sentence imposed for an Arms Act offence, allowing it to remain in abeyance until the criminal appeal is decided. The applicant was required to deposit the fine.
Execution of sentence suspended pending hearing of appeal subject to furnishing bail bond of Rs. 10,000 with one solvent surety.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
905 APPA 784-17.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 784 OF 2017
IN
CRIMINAL APPEAL NO. 482 OF 2017
Shivam Arjun Das
..Applicant
v/s.
The State of Maharashtra
..Respondent
Mr. Ravindra Gadgil for the Applicant. Mr. Prashant Jadhav for the Respondent.
CORAM : SMT. ANUJA PRABHUDESSAI, J. DATED : 9th AUGUST, 2017.
P.C.
to amend the prayer clause of the application. Leave granted. Amendment to be carried out forthwith.
2008 has filed this application for suspension of execution of sentence in Sessions Case No. 557 of 2008.
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905 APPA 784-17.doc
imposed is of two years. The appeal is of the year 2017, and is not likely to come up in the next couple of years due to pendency of old cases. Hence, in the event the execution of sentence is not suspended, the applicant will have to undergo sentence imposed, even before the appeal is decided on merits.
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905 APPA 784-17.doc
the offence, the application is allowed in terms of prayer clause 1(A). The execution of sentence is suspended pending hearing of the appeal, on the applicant furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand Only) with one solvent surety in the like amount, to the satisfaction of the Addl. Sessions Judge Sessions Court, Mumbai.
(ANUJA PRABHUDESSAI, J.)
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1 issue framed by the court
Whether the execution of the applicant's sentence can be suspended pending the hearing of the criminal appeal.
Shivam Arjun Das
The State of Maharashtra
Anuja PrabhuDESSai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
