Allowed

Vishnu Shripatrao Bhosale v. the State of Maharashtra

Bombay HC23 Nov 2021APPLN/1657/2020

Case brief

AI extract

What is this about?

Criminal Application admitting suspension of sentence and bail application for an applicant convicted of robbery and firearms offences. The High Court granted bail as the applicant had served over half the maximum sentence of seven years.

What did the court decide?

The substantive sentence imposed by the trial Court is suspended and the applicant is released on bail on furnishing a P.R. bond of Rs.25,000/- with one surety like amount.

Vishnu Shripatrao Bhosale Vs the State of Maharashtra — Bail and Remand | Bombay HC (2021)

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1657.20APPLN

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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919 CRIMINAL APPLICATION NO.1657 OF 2020 IN CRIMINAL APPEAL NO.505 OF 2020

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VISHNU S/O. SHRIPATRAO BHOSALE
VERSUS
THE STATE OF MAHARASHTRA

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Mr.P.P. More, Advocate for the applicant.
Mr.R.B. Bagul, APP for respondent/State.

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CORAM : N.R. BORKAR, J.

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 DATE : 23.11.2021

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P.C. :

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This is an application under section 389
of Criminal Procedure Code for suspension of sentence and
to release the applicant on bail.

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2.The applicant came to be convicted for offences
punishable under section 394, 397, 323 r/w 34 of the
Indian Penal Code. So also for the offences punishable
under sections 3 r/w 25 of the Indian Arms Act. The
maximum sentence, which the applicant is directed to suffer
is imprisonment for 7 years.

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3.I have heard the learned counsel for the
applicant and the learned APP for the respondent-State. The
learned counsel for the applicant submits that the trial

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1657.20APPLN

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Court has failed to consider the evidence on record in its
proper perspective and arrived at wrong findings. It is
submitted that the applicant is in jail since 05.11.2016 and
has thus already undergone more than five years of
sentence. Considering this fact and circumstances, the
substantive sentence be suspended and the applicant be
released on bail.

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4.On the other hand, the learned APP submits
that the applicant is involved in the serious offence of
robbery. It is submitted that the applicant is habitual
offender and there are other crimes registered against him
for the similar offences. It is, accordingly, submitted that the
application be rejected.

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5.This Court has already admitted the Appeal.
The learned APP has not disputed that the applicant is in
jail since 05.11.2016. As such, the applicant has already
undergone more than five years of sentence and maximum
sentence is of 7 years. Considering this fact, I am inclined to
suspend the sentence and release the applicant on bail. The
following order is passed :-

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ORDER

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(i)The application is allowed. The substantive sentence
imposed by the trial Court is suspended and the applicant is
released on bail on furnishing P.R. bond of Rs.25,000/- with
one surety like amount.

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1657.20APPLN

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(ii)The applicant shall attend Shivaji Nagar Police
Station, Latur once in every month i.e. on 1st Monday of
every month, between 11.00 a.m. to 2.00 p.m. during the
pendency of the present Appeal.

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(iii)Bail before the trial court.

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 [N.R.BORKAR, J.]

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SGA

Vishnu Shripatrao Bhosale v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Vishnu Shripatrao Bhosale 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

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