Allowed

Anand Sunil Suraiya v. the State of Maharashtra

Bombay HC8 Jan 2019APPR/15/2019

Case brief

AI extract

What is this about?

The High Court slewed Criminal Application No.15/2019 filed by Anand Sunil Saraiya seeking suspension of conviction and sentence under Section 304 A IPC and bail. The court allowed the application granting suspension pending revision on condition of P.R. bond of Rs.15,000 and restrictions.

What did the court decide?

Suspension of judgment, sentence and conviction order; bail on personal bond of Rs. 15,000 with surety; conditions to appear in court and not commit similar offences.

Anand Sunil Suraiya Vs the State of Maharashtra — Pension and Retirement Benefits | Bombay HC (2019)

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Sherla V.

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appr.15.2019_520.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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CRIMINAL APPLICATION NO.15 OF 2019 IN CRIMINAL REVISION APPLICATION NO.5 OF 2019

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Shri Anand Sunil Saraiya … Applicant

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The State of Maharashtra … Respondent

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Mr.Subodh Desai I/b Pawan Mali for the Applicant

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Mr.Vinod Chate, APP, for the Respondent – State

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CORAM: Mrs.MRIDULA BHATKAR, J.

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DATED: JANUARY 8, 2019

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P.C.:

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Upon urgent mentioning, taken on Production Board.

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This is an application for suspension of judgment and sentence dated 25.3.2010 passed by the learned Metropolitan Magistrate, 22^nd Court, Andheri, Mumbai in C.C. No.2077/PS/2005 (Old case No.1154/P/96) as also the order passed by the learned

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Additional Sessions Judge, Mumbai in Criminal Appeal No.155 of

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2010 and also for bail. By order dated 18.12.2018, the learned Additional Sessions Judge, Greater Mumbai has confirmed the

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Page 1 of 3

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appr.15.2019_520.doc

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conviction of the applicant under section 304A of the Indian Penal Code which was awarded by the learned Metropolitan Magistrate, 22^nd Court, Andheri, Mumbai.

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The learned Counsel for the applicant submits that the applicant/accused was on bail throughout the trial and appeal. He has a good case on merits as the charge of rash and negligent driving itself is not proved. He submits that he is to be released on bail and the impugned sentence be suspended.

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Learned Prosecutor submits to the orders of the Court.

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In view of the submissions made by the learned Counsel and considering the nature of the offence for which the applicant/accused is convicted, the application is allowed on the following terms:

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i) The impugned judgment and conviction dated dated 25.3.2010 passed by the learned Metropolitan Magistrate, 22^nd Court, Andheri, Mumbai in C.C. No.2077/PS/2005 (Old case No.1154/P/96) as also the order passed by the learned Additional Sessions Judge, Mumbai in Criminal Appeal No.155 of 2010 is suspended pending revision;

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Page 2 of 3

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appr.15.2019_520.doc

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ii) The applicant/accused be released on bail upon furnishing a P.R. Bond in the sum of Rs.15,000/- with a surety in the like amount;

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iii) The applicant/accused shall make himself available on all the court dates;

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iv) The applicant/accused shall not commit similar offences.

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The application stands disposed of accordingly.

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(MRIDULA BHATKAR, J.)

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Page 3 of 3

Anand Sunil Suraiya v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Anand Sunil Suraiya v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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