Allowed

Sachin Babaso Darekar v. the State of Maharashtra

Bombay HC5 Jul 2022IA/1930/2022

Case brief

AI extract

What is this about?

In an interim application, the High Court allowed the suspension of sentence and release of the applicant accused on bail during the pendency of his criminal appeal, which has a remote possibility of hearing on merits.

What did the court decide?

Suspended the substantive sentence and released the applicant on bail with P.R. bond towards a fine of Rs. 25,000/- and periodic reporting at the police station.

Sachin Babaso Darekar Vs the State of Maharashtra — Bail and Remand | Bombay HC (2022)

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 7-IA-1930.2022.odt

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CAJ

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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. 1930 OF 2022

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IN

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CRIMINAL APPEAL NO. 637 OF 2022

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Sachin Babaso Darekar… Applicant/Original

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Accused No.1

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V/s.
The State of Maharashtra… Respondent

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Mr. Dheeraj Patil for Applicant.
Mr. S. S. Hulke, APP for Respondent-State.

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CORAM : A.S. GADKARI, J.
DATE : 5th 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.1. Applicant is convicted under
Sections 353 and 506 of the Indian Penal Code (for short, “IPC”) and is
sentenced to suffer maximum rigorous imprisonment of one year and to a pay
total fine of Rs.1,500/- by the learned Additional Sessions Judge, Ichalkaranji,

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District Kolhapur in Sessions Case No.13 of 2019, by its Judgment and Order
dated 25th May 2022.

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3.Mr. Patil, learned Advocate for Applicant submitted that, the

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1/3

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CAJ 7-IA-1930.2022.odt

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Applicant has already deposited entire fine amount in the Registry of the Trial
Court. He 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 bail conditions
imposed upon him.

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4.The maximum sentence imposed upon the Applicant is one year
of rigorous imprisonment. Possibility of hearing the present Appeal on its own
merits in near future is remote. As noted earlier, the Applicant was on bail
throughout the trial and there is no report of breach of any of the bail
conditions imposed upon him.

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5.In view thereof, 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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6.Hence, the following Order :-

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(i)Applicant/Original Accused No.1 be released on bail

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in Sessions Case No.13 of 2019, arising out of C.R.

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No. 77 of 2015 registered with Gokul Shirgaon

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Police Station, District Kolhapur, on his furnishing

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P.R. bond of Rs.25,000/- with one or two local

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sureties in the like amount.

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

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directed to attend Gokul Shirgaon Police Station,

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2/3

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 7-IA-1930.2022.odt

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CAJ

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District Kolhapur, 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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7. Application is allowed in the aforesaid terms.

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[A.S. GADKARI, J.]

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Sachin Babaso Darekar v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Sachin Babaso Darekar 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

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Coram

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