Allowed

Rohan Bhagesh Gore v. the State of Maharashtra

Bombay HC11 Jul 2022IA/1382/2022

Case brief

AI extract

What is this about?

The High Court of Judicature at Bombay allowed an interim application for suspension of sentence. The applicant, convicted under Sections 304 Part II and 201 IPC, was granted bail pending appeal subject to furnishing a bond and attending police station periodically.

What did the court decide?

Applicant released on bail by furnishing a bond of Rs. 25,000 with sureties and directing monthly police station attendance initially, then quarterly.

Rohan Bhagesh Gore Vs the State of Maharashtra — Bail and Remand | Bombay HC (2022)

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spm 1 19-IA-1382-2022.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CRIMINAL APPELLATE JURISDICTION

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INTERIM APPLICATION NO. 1382 OF 2022

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IN

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CRIMINAL APPEAL NO. 449 OF 2022

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Rohan Bhagesh Gore

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 …..Applicant

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Vs.

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The State of Maharashtra …..Respondent

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Mr. R. D. Suryawanshi for the Applicant.
Mr. R. M. Pethe, 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 is original Accused No.2. Applicant has been
convicted under Sections 304 (Part II) and 201 read with Section 34 of
Indian Penal Code and is sentenced to suffer maximum rigorous
imprisonment for seven years and to pay a total fine of Rs.6,000/- by the
learned Sessions Judge, Ratnagiri in Sessions Case No.24 of 2018 by its
Judgment and Order dated 19th April, 2022.

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3.Mr. Suryawanshi, learned Advocate for the Applicant submitted
that, the Applicant was on bail during the pendency of trial and there is no

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spm 2 19-IA-1382-2022.doc

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report of breach of any of the conditions imposed upon him. He submitted
that, the Applicant has already deposited entire fine amount in the Registry
of the Trial Court. He therefore prayed that, substantive sentence imposed
upon Applicant be suspended and the Applicant be released on bail.

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4.Perusal of record and in particular para No.7 of the impugned
Judgment clearly indicates that, due to the acts of the deceased Manohar
Gore, who was under the influence of liquor, the Applicant along with co-
accused Koustubh Gore got annoyed and assaulted him in the fit of rage.

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The maximum sentence imposed upon the Applicant is seven
years of rigorous imprisonment. Possibility of hearing present Appeal on its
own merits in near future is remote. Applicant was released on bail during
the pendency of trial and there is no any report of breach any of the
conditions imposed upon him. In view thereof, during the pendency of
Appeal, the substantive sentence imposed upon the Applicant can be
suspended and he can be released on bail.

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5.Hence, the following Order :-

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(i)Applicant/Accused No.2 in Sessions Case No.24 of
2018 be released on bail on his furnishing P. R.

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bond of Rs.25,000/- with one or two local sureties
in the like amount.

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(ii)During the pendency of the Appeal, Applicant is
directed to attend Lanja Police Station, District

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spm 3 19-IA-1382-2022.doc

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Ratnagiri on every first Monday of the month

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initially for a period of 1 year and thereafter on

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every first Monday of every 3rd month, i.e. 4 times

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in a year.

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6.

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Application is allowed in the aforesaid terms.

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 (A.S. GADKARI, J.)

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Rohan Bhagesh Gore v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Rohan Bhagesh Gore v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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