Allowed

Harischandra Sakharam Kasare v. the State of Maharashtra

Bombay HC9 Aug 2017APPR/351/2017

Case brief

AI extract

What is this about?

Single judge allowed the criminal application praying for suspension of sentence pending appeal against conviction. Ordered execution of sentence suspended till appeal disposal on furnishing bail bond with one surety.

What did the court decide?

Execution of sentence suspended till disposal of appeal on furnishing fresh bail bond of Rs. 15,000/- with one solvent surety.

Harischandra Sakharam Kasare Vs the State of Maharashtra — Corruption | Bombay HC (2017)

¶1

906 ppr 351-17.doc

¶2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

¶3

CRIMINAL APPLICATION NO. 351 OF 2017 IN

¶4

REVISION APPLICATION NO. 373 OF 2017

¶5

Harishchandra Sakharam Kasare

¶6

.. Applicant

¶7

v/s.

¶8

State of Maharashtra ..Respondent

¶9

Mr. Gaurav Parkar for the Applicant. Mr. P.H.Gaikwad Patil APP for the Respondent.

¶10

CORAM : SMT. ANUJA PRABHUDESSAI, J. DATED : 9^th AUGUST, 2017.

¶11

P.C.

¶12

By this application, the applicant herein, who was an accused in RCC/38/2002 has sought suspension of sentence and release on bail.

¶13

The applicant has been convicted for offence punishable under

¶14

Section 409 of Indian Penal Code and sentenced to undergo simple imprisonment for a period of two years and fine of Rs.5000/- in default simple imprisonment for three months. The said judgment was challenged before the Appellate Court in Criminal Appeal No. 6

¶15

of 2007. The Appellate Court has maintained the conviction,

1 of 2

pps

906 ppr 351-17.doc

However, reduced the sentence from two years to one year vide order

¶20

dated 21^st June, 2016.

¶21

Mr. Parkar, the learned counsel for the applicant has submitted that the applicant is in custody from 21.6.2016. He has further submitted that the applicant has already deposited the fine amount before the trial Court. Considering the fact that the applicant has already undergone imprisonment for a period of one year, coupled with the fact that the appeal is of the year 2017 and is not likely to come up for final hearing in a couple of years due to pendency of old cases, the application is allowed in terms of prayer clause (a).

¶22

The execution of sentence is suspended till disposal of the appeal, on the applicant furnishing fresh bail bond in the sum of Rs. 15,000/- (Rupees Fifteen Thousand Only) with one solvent surety in the like amount to the satisfaction of the Sessions Judge, Alibag.

¶23

Change of address, and the contact number, if any, shall be intimated to the Investigating Officer as well as in the fresh bail bonds.

¶24

(ANUJA PRABHUDESSAI, J.)

¶25

2 of 2

¶26

pps

Harischandra Sakharam Kasare v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Harischandra Sakharam Kasare 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

Hasan Shamsuddin Zari Vs the State of Maharashtra

Amit Shivaji Shibe and Ors. Vs the State of Maharashtra

Mehga Ravindra Vyas Vs Ravindra Ashok Vyas and Ors.

Juber Nasir Qureshi Vs the State of Maharashtra

Shivam Arjun Das Vs the State of Maharashtra

Sajjad Iqbal Shaikh Vs the State of Maharashtra