Single judge allowed an interim application for suspension of sentence and release on bond pending Criminal Appeal, noting the applicant was on trial and pandemic bail without breach of conditions.
Applicant released on bail with personal bond of Rs.25,000 and one or two local sureties in like amount.
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.
spm 1 10-ia-1853-2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 1853 OF 2022
IN
CRIMINAL APPEAL NO. 203 OF 2020
Riyaz Abdul Sattar Shaikh @ Mandrupkar
…..Applicant
Vs.
The State of Maharashtra
…..Respondent
Mr. M. U. Rajput for the Applicant.
Ms. Sharmila Kaushik, APP for Respondent-State.
CORAM : A. S. GADKARI, J.
DATE : 6th JULY, 2022.
P.C.:-
This is an Application filed by the original accused No.1 for
suspension of sentence and releasing him on bail. Applicant is convicted
under Sections 498-A, 306 read with Section 34 of the Indian Penal Code
and is sentenced to suffer maximum rigorous imprisonment of five years
and to pay a total fine of Rs.2,000/- by the learned Additional Sessions
Judge, Solapur in Sessions Case No.49 of 2019 by its Judgment and Order
dated 14th January, 2020.
2.Learned Advocate for the Applicant/Appellant submitted that,
during the pendency of the trial, the Applicant was released on bail and
there is no report of breach of any of the conditions imposed upon him.
1/3
spm 2 10-ia-1853-2022.doc
That, the Applicant has already deposited entire fine amount in the Registry
of Trial Court. He further submitted that, the Applicant was released on
temporary bail due to COVID-19 pandemic on 21st May, 2020. He
surrendered to the jail authority on 26th May, 2022. He submitted that,
during the said period of two years, there is no report of breach of any of
the conditions imposed upon him.
3.The sentence imposed upon the the Applicant is five years of
rigorous imprisonment. Applicant was on bail during the pendency of trial
so also for a period of two years during the COVID-19 pandemic and there
is no report of breach of any of the conditions imposed upon him.
Possibility of hearing present Appeal on its own merits in near future is
remote. In view thereof, the substantive sentence imposed upon the
Applicant can be suspended and Applicant can be released on bail.
4.Hence, following Order:-
(i) Applicant/Accused No.1 in Sessions Case No.49 of 2019 be released on bail on his furnishing P. R.bond of Rs.25,000/- with one or two local sureties
in the like amount.
(ii) During the pendency of the appeal, Applicant is directed to attend Vijapur Naka Police Station,Solapur on every first Monday of the month
initially for a period of 1 year and thereafter on
2/3
spm 3 10-ia-1853-2022.doc
every first Monday of every 3rd month, i.e. 4 times
in a year.
5.
Application is allowed in the aforesaid terms.
(A.S. GADKARI, J.)
3/3
1 issue framed by the court
Whether the applicant, convicted under Sections 498-A and 306 IPC and on bail during the pendency of trial and COVID-19 period without bond breach, can be released on bail with suspended sentence pend
1 provisions across 1 enactments
Riyaz Abdul Sattar Shaikh @ Mandrupkar
The State of Maharashtra
A. S. Gadkari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court