The High Court allowed the applicant's application for bail and suspension of sentence on the grounds that the offences were bailable and the punishment was minor, directing release upon furnishing a bond.
Release on bail upon furnishing PR Bond of Rs. 15,000 with sureties and making availability on all court dates.
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.
Sherla V.
appr.24.2019_512.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.24 OF 2019 IN
CRIMINAL REVISION APPLICATION NO.17 OF 2019 with
CRIMINAL REVISION APPLICATION NO.17 OF 2019
Ananda Arjun Bhalekar … Applicant
The State of Maharashtra … Respondent
Mr.Vikas Kolekar for the Applicant
Ms.Veera Shinde, APP, for the Respondent – State
CORAM: Mrs.MRIDULA BHATKAR, J.
DATED: JANUARY 23, 2019
P.C.:
1. Upon urgent mentioning, taken on Production Board.
2. The applicant/accused is convicted for the offences punishable under sections 332 and 353 of the Indian Penal Code
as per the order dated 14.2.2017 in RCC No.43 of 2015 passed by the learned JMFC, Ichalkaranji. The said order was confirmed vide order dated 24.12.2018 passed by the learned Additional Sessions
Judge, Ichalkaranji in Criminal Appeal No.9 of 2017.
Page 1 of 3
appr.24.2019_512.doc
3. The learned Counsel for the applicant/accused submitted that the offences are bailable. The applicant/accused was on bail throughout the trial and appeal periods. He was directed to surrender before the trial Court on 14.1.2019, however, he did not surrender as he has filed this revision application on 10.1.2019. He prays for bail and suspension of impugned judgments and conviction.
4. Learned Prosecutor submits to the orders of the Court.
5. Heard. The maximum punishment awarded to the applicant/accused is 6 months R.I. As the offences are bailable and there is not chance that this revision application will be heard in near future, the application for bail and suspension of sentence is allowed in the following terms:
i) The applicant/accused, upon arrest, shall be released on bail upon furnishing P.R. Bond in the sum of Rs.15,000/with one or two sureties in the like amount;
ii) The applicant/accused shall make himself available on all the Court dates.
Page 2 of 3
appr.24.2019_512.doc
6. List the Revision application on 16.4.2019.
7. Criminal Application No.24 of 2019 is disposed of
accordingly.
(MRIDULA BHATKAR, J.)
Page 3 of 3
3 issues framed by the court
Whether bail and suspension of sentence should be granted to the applicant who was convicted and remained at large pending the revision.
Whether the offences punishable under sections 332 and 353 IPC are bailable.
Whether the application for bail and suspension of sentence should be allowed given the punishment and bailable nature of offences.
1 provisions across 1 enactments
Ananda Arjun Bhalekar
The State of Maharashtra
MRIDULA BHATKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
