Allowed

Amol Vishwas Ovhal v. the State of Maharashtra

Bombay HC12 Apr 2019APPA/312/2019

Case brief

AI extract

What is this about?

The High Court allowed an application under Section 389 CrPC to suspend the applicant's substantive sentence. The applicant was enlarged on bail upon furnishing a bond of Rs. 30,000 and sureties, with conditions to appear before the Additional Sessions Judge every six months.

What did the court decide?

The substantive sentence imposed was suspended. The applicant was enlarged on bail upon furnishing a bond of Rs. 30,000 and solvent sureties.

Amol Vishwas Ovhal Vs the State of Maharashtra — Bail and Remand | Bombay HC (2019)

¶1

varsha

¶2

901-appa-470-19

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

¶4

CRIMINAL APPELLATE JURISDICTION

¶5

CRIMINAL APPLICATION NO. 312 OF 2019 IN

¶6

CRIMINAL APPEAL NO. 470 OF 2019

¶7

Amol Vishwas Ovhal ..Appellant/Applicant v/s. The State of Maharashtra ..Respondent

¶8

Mr. Satyavrat Joshi for the Appellant/Applicant. Mr. S.R. Agarkar-APP for the State.

¶9

CORAM : SMT. SADHANA S. JADHAV, J. DATED : 12^th April, 2019.

¶10

P.C.

¶11

Heard.

¶12

This is an application filed under Section 389 of Cr.P.C. The applicant herein is seeking suspension of substantive sentence imposed upon him by Additional Sessions Judge Pune in Sessions Case No. 234 of 2018, vide judgment and order dated 20^th February 2018. The applicant is convicted for the offence punishable under Sections 399 and 402 of the Indian Penal Code and under sections 37(1) and 135 of Maharashtra Police Act (old Bombay Police Act) and sentenced to suffer rigorous imprisonment for two years and to pay a fine amount of Rs. 500/- each (rupees five hundred), in default, to suffer simple imprisonment for one month on each count.

1 of 3

varsha

varsha

901-appa-470-19

The applicant is in custody since 20^th February 2018 in this case while he was undergoing substantive sentence in some other cases. The learned counsel for the applicant submits that the applicant has undergone more than half of the sentence in this case and that the co-accused in Criminal Application No. 419 of 2018 in Criminal Appeal No. 255 of 2018 have been enlarged on bail by this Court vide order dated 19^th March 2018.

¶18

Be that as it may, the applicant was on bail during the pendency of the trial and he has not committed breach of any conditions imposed upon him. The sentence imposed upon him is short term sentence. The applicant has criminal antecedent. The learned APP prays for notice of enhancement. However, since the appeal of the co-accused has already been admitted it would not be proper to issue notice of enhancement. Hence, the following order:-

¶19

Order

¶20

i) The Criminal Application is allowed.

¶21

ii) The substantive sentence imposed upon the applicant vide judgment and order dated 20^th February 2018 passed by Additional Sessions Judge Pune in Sessions Case No. 234 of 2018 is hereby suspended.

¶22

iii) The applicant be enlarged on bail on furnishing P.R. Bond in the sum of Rs. 30,000/- and one or more solvent sureties in the like amount.

¶23

iv) The applicant shall cause his presence before

2 of 3

varsha

varsha

901-appa-470-19

Additional Sessions Judge, Pune, once in six months on the date assigned by the learned Additional Sessions Judge, Pune.

¶29

v) Upon failure to attend any two consecutive dates, the learned Additional Sessions Judge, Pune shall make report to the High Court and the prosecution would be at liberty to seek cancellation of bail.

¶30

vi) The application stands disposed of.

¶31

(SMT. SADHANA S. JADHAV, J)

¶32

3 of 3

¶33

varsha

Amol Vishwas Ovhal v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Amol Vishwas Ovhal 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

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

The State of Maharashtra Vs Sanjay Ramchandra Katkar and Ors.

Mrs.Haju @ Hajamma Yusuf Khan Vs the State of Maharashtra

Mr. Prakash Ganpat More Vs the State of Maharashtra

Lakshmi Vilas Bank Vs M/S. Biotor Industries Ltd. and Ors.

Kunal Kishorbhai Patel Vs the State of Maharashtra

Bhausaheb Bapu Sangolkar Vs the State of Maharashtra