Allowed

Ganesh Baburao Phapale v. the State of Maharashtra

Bombay HC18 Jul 2022IA/1383/2022

Case brief

AI extract

What is this about?

In an interim application filed during the pendency of a criminal appeal against conviction under Sections 332 and 34 IPC, the High Court granted bail to the appellant and suspended his sentence. The court ordered the appellant to execute a personal receipt bond with sureties and appear at a police station monthly.

What did the court decide?

Appellant released on bail via P.R. bond of Rs. 25,000/- with sureties; sentence suspended pending appeal; directed to attend police station monthly initially.

Ganesh Baburao Phapale Vs the State of Maharashtra — Bail and Remand | Bombay HC (2022)

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 6-IA-1383-2022.odt

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Osk

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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. 1383 OF 2022 IN

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CRIMINAL APPEAL NO. 450 OF 2022

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Ganesh Baburao Phapale… Applicant/Appellant
V/s.
The State of Maharashtra… Respondent

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Mr.Amit Icham i/b. Mr.Vivek Arote for Applicant/Appellant.
Mr.S.S. Hulke, A.P.P. for Respondent-State.

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CORAM : A.S. GADKARI, J.
DATE : 18th July 2022.

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P.C. :

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1. This is an application for suspension of sentence and releasing the

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Applicant on bail.

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2.Applicant has been convicted under Section 332 read with 34 of
The Indian Penal Code (for short, ‘I.P.C.’) and is sentenced to suffer rigorous

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imprisonment for one year and to pay a fine of Rs.2,000/- by the learned
Additional Sessions Judge-8, Nashik, in Sessions Case No.363 of 2018 by its
Judgment and Order dated 14th March 2022.

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3.Learned Advocate for Applicant submitted that, the Applicant has
already deposited entire fine amount in the Registry of the Trial Court.

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4.The sentence imposed upon the Applicant is a short term

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sentence i.e. maximum one year of rigorous imprisonment. The possibility of

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Osk 6-IA-1383-2022.odt

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hearing present Appeal on its own merits in near future is remote. Record
indicates 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.

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In view thereof, during the pendency of 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, the following Order :-

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(i) Applicant/Accused be released on bail in Sessions

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Case No.363 of 2018 on his furnishing P.R. bond of

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Rs.25,000/- with one or two solvent local sureties in

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the like amount.

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(ii) During the pendency of present Appeal, Applicant is

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directed to attend Panchvati Police Station, Nashik
on every first Monday of the month initially for a
period of 1 year and thereafter on every first Monday

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of every 3rd month, i.e. 4 times in a year.

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6. Application is allowed in the aforesaid terms.

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[A.S. GADKARI, J.]

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Digitally signed by OMKAR OMKAR SHIVAHAR SHIVAHAR KUMBHAKARN KUMBHAKARN Date: 2022.07.19 15:12:32 +0530

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Ganesh Baburao Phapale v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Ganesh Baburao Phapale 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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