Criminal appeal admitted. Interim application for suspension of sentence and bail allowed. Given the short sentence of one year and pending appeal status, sentence was suspended and appellant released on bail.
Sentence suspended; appellant released on bail on furnishing P.R. bond of Rs. 15,000 with surety.
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.
024:BHC-AS:2
Diksha Rane 9. APEAL 13624.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.136/2024 WITH INTERIM APPLICATION NO.587/2024 IN
CRIMINAL APPEAL NO.136/2024
SHUBHAM BABU KUSALKAR
..APPELLANT/APPLICANT
VS.
THE STATE OF MAHARASHTRA & ANR.
..RESPONDENTS
Adv. Seema Dighe i/b. Adv. Priyal Sarda for the appellant/applicant.
Smt. S. D. Shinde, APP for the State.
CORAM : M. S. KARNIK, J.
DATE : FEBRUARY 12, 2024.
P.C. :
1. Leave to amend so as to mask the name of the
appellant/applicant submits that this error has been crept in inadvertently.
2. Leave is granted. Amendment to be carried out forthwith.
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Diksha Rane 9. APEAL 13624.doc
CRIMINAL APPEAL NO.136/2024
3. Admit.
4. Call for record and proceeding.
5. Learned APP waives service on behalf of the State.
INTERIM APPLICATION NO.587/2024 IN CRIMINAL APPEAL NO.136/2024
6. Heard learned counsel for the applicant.
7. This is an application for suspension of sentence and for bail. The applicant is convicted for the offence punishable under Section 354, 354-A(1)(i), 354-D, 506(II) of the Indian Penal and is sentenced to suffer rigorous imprisonment for one year and to pay fine. The fine amount has been paid.
8. Learned APP opposed the application.
9. Considering the short sentence imposed, as the appeal is not likely to be heard any time soon and after going through the materials on record with the assistance of learned counsel for the applicant and learned APP, I am inclined to suspend the sentence and to enlarge the applicant on bail.
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Diksha Rane 9. APEAL 13624.doc
10. The sentence is suspended. The applicant shall be released on bail on his furnishing P.R. bond in the sum of Rs.15,000/- with one or more sureties in the like amount.
11. The applicant shall report to the trial Court once in six months every first Monday of the concerned month between 11.00 a.m. to 1.00 p.m., commencing March 2024.
12. The application is disposed of.
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1 issue framed by the court
Whether the sentence should be suspended and the appellant enlarged on bail pending appeal?
4 provisions across 1 enactments
Shubham Babu Kusalkar
The State of Maharashtra
Anr.
M. S. Karnik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
