Allowed

Sunil Shivajirao Chavan v. the State of Maharashtra

Bombay HC6 Feb 2018APPA/169/2018

Case brief

AI extract

What is this about?

High Court Court at Bombay allowed an application for suspension of sentence and release on bail. The applicant, convicted of offences under the Motor Vehicles Act and IPC, was sentenced to less than three years. The court noted Section 389(3) CrPC was already exercised for suspension, granting bail.

What did the court decide?

Substantive sentence suspended; applicant directed to be released on bail on executing P.R. Bond of Rs. 15,000 and furnishing surety in like amount.

Sunil Shivajirao Chavan Vs the State of Maharashtra — Motor Accident Claims | Bombay HC (2018)

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904-APPA-169-2018.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CRIMINAL APPELLATE JURISDICTION

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CRIMINAL APPLICATION NO.169 OF 2018 IN CRIMINAL APPEAL NO.104 OF 2018

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SUNIL SHIVAJIRAO CHAVAN )...APPLICANT

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V/s.

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THE STATE OF MAHARASHTRA

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)...RESPONDENT

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Mr.Jayant Bardeskar, Advocate for the Applicant.

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Mr.V.V.Gangurde, APP for the Respondent - State.

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CORAM : A. M. BADAR, J. DATE : 6^th FEBRUARY 2018

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P.C. :

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1 This is an application for suspension of sentence and

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releasing the applicant/accused on bail during pendency of the appeal filed by him. The applicant/accused has been convicted of offences punishable under Sections 184 and 185 of the Motor Vehicles Act as well as under Section 337 and 427 of the Indian Penal Code. Maximum sentence of imprisonment awarded to the applicant/accused is that of 6 months for the offence punishable

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avk 1/3

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904-APPA-169-2018.doc

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under Section 427 of the Indian Penal Code and for rest of the offences, lesser sentence of imprisonment is imposed on him. All substantive sentences are directed to run concurrently.

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2 Heard the learned Advocate appearing for the applicant/accused as well as the learned Additional Public Prosecutor appearing for the respondent/State.

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3 As substantive sentence of imprisonment imposed on

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the applicant/accused was less than 3 years, the learned trial court vide order dated 15^th January 2018 in exercise of power under Section 389(3) of the Code of Criminal Procedure ordered the suspension of sentence imposed on the applicant/accused. Therefore, there is no reason to deny bail to the applicant/accused in the wake of this fact. Therefore the order :

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ORDER

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i) The application is allowed.

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904-APPA-169-2018.doc

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ii) Substantive sentence of imprisonment imposed on the applicant/accused is suspended and the applicant/accused is directed to be released on bail on his executing P.R.Bond in the sum of Rs.15,000/-, and on furnishing surety in like amount.

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iii) The application is accordingly disposed of.

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(A. M. BADAR, J.)

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Sunil Shivajirao Chavan v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Sunil Shivajirao Chavan v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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