Allowed

Vishnumurti Venkatnarsayya Bairi v. State of Maharashtra

Bombay HC20 Jan 2023IA/232/2023

Case brief

AI extract

What is this about?

In an interim application for suspension of sentence during the pendency of a criminal appeal, the single judge considered contradictions in evidence, the shortness of the sentence, and the applicant's prior bail status to grant bail.

What did the court decide?

Applicant directed to be released on bail on furnishing a P. R. bond of Rs. 30,000 with one or two sureties in the like amount during pendency of Criminal Appeal No. 51 of 2023.

Vishnumurti Venkatnarsayya Bairi Vs State of… — Criminal Trial and Appeal | Bombay HC (2023)

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14-ia-232-23

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1 of 3

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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INTERIM APPLICATION NO. 232 OF 2023
IN

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CRIMINAL APPEAL NO. 51 OF 2023

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Vishnumurti Venkatnarsayya Bairi..Applicant.
Versus

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The State of Maharashtra..Respondent

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__________
Ms. Suvarna Avhad-Vast i/b. Prakash Salsingikar for Applicant.
Smt. M. R. Tidke, APP for State/Respondent.

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CORAM : SARANG V. KOTWAL, J.
DATE : 20 JANUARY 2023

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PC :

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1. Leave to amend. Amendment to be carried out forthwith.

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2. This is an application for suspension of sentence and

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releasing the applicant on bail during pendency of his Appeal
No.51 of 2023.

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3. Learned counsel for the applicant submitted that, there

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are contradictions and omissions in the evidence of the
prosecution witnesses. The sentence imposed on him is short. He

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was on bail during trial and even after his conviction he is granted

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Digitally signed by VINOD VINOD BHASKAR BHASKAR GOKHALE GOKHALE Date: 2023.01.21 12:48:36 +0530

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Gokhale

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2 of 314-ia-232-23

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bail U/s.389 of the Cr.p.c. She, therefore, submitted that the
applicant be granted bail during pendency of his Appeal.

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4.Learned APP opposed this application on merits.
However, she conceded that the sentence is short.

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5.The points raised by learned counsel for the applicant
will have to be decided at the final hearing stage of the appeal.
The sentence imposed is short and the Appeal is not likely to be
decided within that period. The Applicant was on bail during trial.
Considering all these aspects, he can be granted bail during
pendency of his appeal.

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6.Hence, the following order:

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O R D E R

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i)During pendency and final disposal of Criminal

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Appeal No.51 of 2023, the Applicant is directed
to be released on bail on his furnishing P. R. bond

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in the sum of Rs.30000/- with one or two
sureties in the like amount.

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3 of 314-ia-232-23

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ii)The notice for enhancement of sentence issued

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by a separate order in the Appeal be served on

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him at the time of his execution of fresh bail
bond before the Trial Court.

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iii)The Application is disposed of.

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(SARANG V. KOTWAL, J.)

Vishnumurti Venkatnarsayya Bairi v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

Vishnumurti Venkatnarsayya Bairi v. 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

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