The High Court allowed interim applications for suspension of sentence and grant of bail pending the disposal of a criminal appeal. The court suspended the prisoner's sentence and directed release on bail upon execution of a bond with sureties.
Suspension of sentence and release on bail pending the hearing and final disposal of the appeal.
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.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.1139 OF 2020 AND INTERIM APPLICATION NO.1140 OF 2020 IN CRIMINAL APPEAL NO.369 OF 2020
Sudhir Krishna Gamare .. Applicant/Appellant Versus Stateof Maharashtra .. Respondent
…... Mr.Himneel Borse i/b. Mr.Sachin B. Chavan, Advocate for the Applicant/Appellant.
Mr.S.R. Agarkar, APP for the Respondent – State.
CORAM : PRAKASH D. NAIK, J.
DATED : SEPTEMBER 7, 2021.
P.C. :
Digitally signed by RAJESHRI RAJESHRI PRAKASH PRAKASH AHER AHER Date: 2021.09.09 18:56:05 +0530
These are applications for suspension of sentence and grant of bail. The applicant Is convicted for the ofence punishable under Section 353 of Indian Penal code (“IPC”, for short) and sentenced to sufer simple imprisonment for one year and to pay fne of Rs.10,000/-. The applicant is also convicted for the ofence punishable under Sections 504 and 506 of IPC and sentenced to pay fne of Rs.5,000/-, on each count. The applicant
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has been acquitted for the ofence punishable under Section 332 of IPC and Section 85(1)(2) of Bombay Prohibition Act.
2 The Appeal preferred by the applicant is admitted and it is pending for fnal disposal. The learned counsel for the applicant submitted that the applicant was on bail during the trial. He has not misused the facility of bail. The applicant was police patil at the relevant time, and, there is animosity between the applicant and the complainant. Although, it is alleged that the applicant has consumed liquor, the blood test did not support the prosecution case. The evidence of the witnesses does not inspire confdence. There are discrepancies in the evidence. The applicant has been acquitted by the trial Court for the ofence punishable under Section 85(1) (2) of the Bombay Prohibition Act.
3 Learned APP submitted that the applicant is convicted for the aforesaid ofence. The trial Court has analysed the evidence while convicting the applicant/appellant.
4 The sentence awarded is of short term. The maximum sentence imposed is imprisonment for one year. Appeal may not come up for hearing within short span of time. The applicant has
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urged that the judgment of the trial Court is required to be set aside on account of discrepancies in the evidence. The merits of the Appeal would be decided at appropriate stage. The applicant was on bail during the trial. Hence case for suspension of sentence and grant of bail is made out.
:: O R D E R ::
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(iv) Interim Application Nos.1139 and 1140 of 2020,
stand disposed of accordingly.
( PRAKASH D. NAIK, J.)
2 issues framed by the court
Whether the interim applications for suspension of sentence and grant of bail should be allowed pending the disposal of the criminal appeal.
Whether the quantum of the sentence and conditions of bail are appropriate in the circumstances.
4 provisions across 2 enactments
Sudhir Krishna Gamare
State of Maharashtra
Prakash D. Naik
As recorded by the court registry
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