Vacation Judge allowed an application to suspend an impugned sentence under Section 389(1) Cr.P.C. during the pendency of the appeal, releasing the appellant on bail with security.
Sentence suspended till disposal of appeal; appellant released on bail with security of Rs.25,000.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
904 CRIMINAL APPLICATION NO.2608 OF 2021
IN CRI.APPEAL/562/2021
YASH MANOJ LODHA
VERSUS
THE STATE OF MAHARASHTRA
Advocate for Appellant/Applicant : Mr. Ostwal Abhaykumar D. a/w
Mr. Mohit Deoda.
APP for Respondent-State : Mr. P. S. Patil.
CORAM : S. G. MEHARE, VACATION JUDGE
DATE : 12.11.2021
PER COURT:
1. The appellant/accused/applicant has preferred this appeal
against conviction passed by the learned Additional Sessions Judge,
Ahmednagar, in Sessions Case No.406 of 2019.
2. The learned advocate for the appellant/applicant would submit that during the course of trial, the accused was on anticipatory bail. The learned Sessions Judge has suspended the sentence under Section
389(1) of Cr.P.C. The appellant/applicant has attended the trial and has
not misused the bail.
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3.The learned APP opposed the application contending that the
offence is serious. However, this Court does not find any substance in
the objection raised by the learned APP. Hence, the following order :
ORDER
(i) The application is allowed.
(ii)The impugned judgment of sentence passed by the learned
Additional Sessions Judge, Ahmednagar in Sessions Case
No.406 of 2019 dated 13.10.2021 is suspended till the
disposal of the appeal.
(iii) The appellant/accused be released on bail on executing P.B. and S.B. of Rs.25,000/-(Rupees Twenty Five Thousand only) with one solvent surety of the like amount.(iv)Bail be furnished before the Trial Court within one (1)
week from today.
(S. G. MEHARE)
VACATION JUDGE
vmk/-
1 issue framed by the court
Whether the appeal against conviction and suspended sentence should be allowed.
1 provisions across 1 enactments
YASH MANOJ LODHA
THE STATE OF MAHARASHTRA
S. G. MEHARE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court