Allowed

Akshay Ashok Kadam v. the State of Maharashtra

Bombay HC11 Jul 2022IA/1267/2021

Case brief

AI extract

What is this about?

In CRIMINAL APPEAL NO. 1385 OF 2019, the High Court of Bombay granted an interim application for suspension of sentence. The appellant, convicted under sections 452, 394, and 397 IPC, was granted bail, directed to furnish a bond, and appeared before police at monthly intervals.

What did the court decide?

Appellant released on bail on furnishing P.R. bond of Rs. 50,000 with one or more sureties; directed to attend police station at Dattawadi, Pune on every first Monday.

Akshay Ashok Kadam Vs the State of Maharashtra — Bail and Remand | Bombay HC (2022)

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spm 1 12-IA-1267-2021.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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INTERIM APPLICATION NO. 1267 OF 2021

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IN

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CRIMINAL APPEAL NO. 1385 OF 2019

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Akshay Ashok Kadam
Vs.

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 …..Applicant

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The State Of Maharashtra …..Respondent

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Mr. Niranjan Mundargi for the Applicant.
Ms. Sharmila Kaushik, APP for Respondent-State.

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CORAM : A. S. GADKARI, J.
DATE : 11th JULY, 2022.

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P.C.:-

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This is an Application for suspension of sentence and releasing

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the Applicant on bail.

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2.Applicant has been convicted under Sections 452, 394 and 397
of Indian Penal Code and is sentenced to suffer maximum rigorous
imprisonment for 7 years and to pay fine of Rs.1,000/- by the learned
Additional Sessions Judge, Pune in Session Case No.915 of 2016 by its
Judgment and Order dated 21st August, 2019.

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3.Mr. Mundargi, learned Advocate appearing for Applicant

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submitted that, the Applicant was released on bail during the pendency of
trial. That, after conviction, the Applicant was also granted benefit of
COVID-19 pandemic and was released on bail for a period of about one
year. He submitted that, there is no report of breach of any of the
conditions imposed upon the Applicant while he was released on bail. He

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spm 2 12-IA-1267-2021.doc

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further submitted that, the Applicant has already deposited entire fine
amount in the Registry of Trial Court.

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4.The sentence imposed upon the Applicant is 10 years of
rigorous imprisonment. Possibility of hearing present Appeal on its own
merits in near future is remote. In view thereof and after taking into
consideration the facts involved in the present case and the fact that the
Applicant was on bail during the pendency of trial and there is no report of
breach of any of the conditions imposed upon him, during the pendency of
the present Appeal, the substantive sentence imposed upon the Applicant
can be suspended and he can be released on bail.

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5.Hence, following Order:-

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(i) Applicant/Accused in Session Case No.915 of

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2016 be released on bail on his furnishing P. R.

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bond of Rs.50,000/- with one or more solvent

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local sureties in the like amount.

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(ii)During the pendency of the appeal, Applicant is
directed to attend Dattawadi Police Station, Pune
on every first Monday of the month initially for a
period of 1 year and thereafter on every first
Monday of every 3rd month, i.e. 4 times in a year.

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6.

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Application is allowed in the aforesaid terms.

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Akshay Ashok Kadam v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Akshay Ashok Kadam 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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