Allowed

Somsundaram @ Soman Subayya Tewar v. State of Maharashtra

Bombay HC11 Oct 2023IA/3331/2023

Case brief

AI extract

What is this about?

Responding to an appeal against conviction under IPC sections 353 and 332, the Madhya Bench of the Bombay High Court, relying on Supreme Court precedent, holds that the sentence is suspended and the appellant released on bail pending appeal due to discrepancies in the prosecution evidence.

What did the court decide?

Sentence suspended; appellant released on bail with ₹25,000 bond; contact details to be furnished.

Somsundaram @ Soman Subayya Tewar Vs State of Maharashtra — Bail and Remand | Bombay HC (2023)

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1/3 33 APEAL-982-23 (10-10).odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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MANDIRAMILINDSALGAONKAR Digitally signed byMANDIRA MILINDSALGAONKARDate: 2023.10.17 11:16:46+0530

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CRIMINAL APPELLATE JURISDICTION

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CRIMINAL APPEAL NO.982 OF 2023

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WITH

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INTERIM APPLICATION NO.3331 OF 2023

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WITH

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INTERIM APPLICATION NO.3320 OF 2023

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Somsundaram @ Soman Subayya .. Appellant Tewar

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Versus

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The State of Maharashtra

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.. Respondent

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Mr.Rajendra Prasad Mishra with Mr.Himanshu Singh for the Applicant/Appellant.

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Mr.H.J.Dedhia, A.P.P. for the State/Respondent.

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CORAM: BHARATI DANGRE, J. DATED : 11^th OCTOBER, 2023

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P.C:-

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The Appellant-Somsundaram @ Soman Subayya Tewar is convicted by the learned Additional Sessions Judge, Mumbai in Sessions Case No.2037 of 2019 for committing the offences punishable under Sections 353 and 332 of the Indian Penal Code (for short, “the IPC” ). He is sentenced to suffer R.I. for six months, on being convicted under Section 353 of the IPC and R.I. for three months, on being convicted under Section

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M.M.Salgaonkar

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2/3 33 APEAL-982-23 (10-10).odt

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332 of the IPC. Both the sentences are directed to run concurrently.

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The Appeal fled by the Appellant is admitted on the ground that the trial Court has failed to appreciate the inconsistencies and discrepancies in the case of the prosecutrix and on that very ground, the Appeal is admitted.

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The learned counsel for the Appellant would urge that the Appellant was on bail, during the trial and considering the fxed term of sentence imposed upon him, the same should be suspended, else the Appeal fled by him, would be rendered infructuous.

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Hence, in the wake of the decision of the Hon’ble Apex Court in the case of Bhagwan Rama Shinde Gosai & Ors. Vs. State of Gujarat¹ , I deem it appropriate to grant the applications fled by the Appellant, seeking suspension of sentence and his release on bail. Hence, the following order.

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: ORDER :

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(a) The sentence imposed on the Appellant/Applicant vide judgment dated 25/01/2023, passed in Sessions Case No.2037 of 2019, stands suspended, during the pendency of the Appeal.

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(b) During the pendency of the Appeal, Appellant/Applicant-Somsundaram @ Soman Subayya Tewar shall be released on bail in connection with C.R.No.225 of 2014 registered with Shahu Nagar Police

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1(1999) 4 SCC 421

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M.M.Salgaonkar

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3/3 33 APEAL-982-23 (10-10).odt

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Station (Sessions Case No.2037 of 2019) on furnishing P.R.Bond to the extent of Rs.25,000/- with one or more sureties in the like amount.

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(c) The Appellant shall furnish his contact number and residential address to the concerned police station, where the offence was registered and shall keep it updated, in case there is any change.

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Both the interim applications stand disposed off in the aforestated terms.

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( SMT. BHARATI DANGRE, J.)

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M.M.Salgaonkar

Somsundaram @ Soman Subayya Tewar v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

Somsundaram @ Soman Subayya Tewar v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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