The applicant appealed against conviction and sentence. Seeking suspension of fixed-term sentence via interim application pending the appeal. Court allowed application relying on Bhagwan Rama Shinde case law.
Application allowed; sentence imposed stood suspended; applicant to remain on bail.
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.
1/2 27 IA-936-23.odt
Digitally signed by SALGAONKAR SALGAONKAR M M M M Date: 2023.04.25 22:55:06 +0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.936 OF 2023
IN
CRIMINAL APPEAL NO.269 OF 2023
Vishal Nilesh Modak .. Applicant
Versus
The State of Maharashtra & Anr. .. Respondents
Mr.Abhijit A. Tambe for the Applicant.
Mr.Y.M.Nakhawa, A.P.P. for the State.
Mr.Yashpal Thakur, Appointed Advocate for the Respondent No.2
CORAM: BHARATI DANGRE, J. DATED : 25th APRIL, 2023
P.C:-
M.M.Salgaonkar
2/2 27 IA-936-23.odt
Considering the fact that the Appeal fled by the Appellant is already admitted by this Court and sentence imposed upon him is of fxed term, in the wake of the decision of the Hon’ble Supreme Court in the case of Bhagwan Rama Shinde Gosai & Ors. Vs.State of Gujarat1 , the application deserve to be allowed. Hence, the following order.
: ORDER :
1. Application is allowed.
( SMT. BHARATI DANGRE, J.)
1 (1999) 4 SCC 421
M.M.Salgaonkar
Colour shows how this judgement treated each authority
Bhagwan Rama Shinde Gosai & Ors. Vs. State of GujaratApplied¶19
Bhagwan Rama Shinde Gosai & Ors. Vs.State of Gujarat 1 (1999) 4 SCC 421 · Who else cites this
Vishal Nilesh Modak
The State of Maharashtra
Bharti Dangre
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
