Bombay High Court
Vinod Sukhdev Bawane vs State Of Mah., Thr. P.S.O. Babhulgaon Ps ... on 20 January, 2020
Author: V. M. Deshpande
Bench: V.M. Deshpande
1 appa1079.19.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APPA) NO. 1079 OF 2019
IN
CRIMINAL APPEAL NO. 828 OF 2019
Vinod Sukhdev Bawane .Vs. State of Maharashtra, through PSO, PS,
Babhulgaon, Dist. Yavatmal.
_______________________________________________________________________
Office Notes, Office Memoramda of Coram,
appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
Mr.R.S. Kurekar, Advocate for applicant.
Mr. P.S. Tembhare, A.P.P. for non applicant-State.
CORAM : V. M. DESHPANDE, J.
DATED : JANUARY 20, 2020.
This is an application under Section 389 of the
Code of Criminal Procedure for suspension of substantive jail
sentence and grant of bail.
This appeal was admitted on 18.12.2019 and
records and proceedings were called. Accordingly, records
and proceedings are received.
Heard Mr. R.S. Kurekar, learned counsel for the
applicant and Mr. P.S. Tembhare, learned Additional Public
Prosecutor for non applicant-State.
Applicant stands convicted by the learned
Additional Sessions Judge, Yavatmal in Sessions Trial
No.60/2014 for the offence punishable under Sections 3(2)
(e) and 4 of the Prevention of Damage to Public Property
Act. For the offence punishable under Sections 3(2)(e), the
applicant is directed to suffer rigorous imprisonment two
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2 appa1079.19.odt
years and pay fine amount of ₹1,000/- and for the offence
punishable under Section 4, the applicant is directed to
suffer rigorous imprisonment three years and pay fine
amount of ₹1,000/- with default clause.
It is the submission of the learned counsel for
applicant that during the trial the applicant was on bail and
that he never misused the liberty granted to him. He also
submits that after conviction, the learned Judge of the trial
Court passed order dated 06.12.2019 below Exhibit 51 and
suspended the substantive jail sentence. He produced the
certified copy of the application below Exhibit 51 along with
order passed thereon. It is taken on record and marked as
"Exhibit-X" for the purpose of identification.
Perusal of the order dated 06.12.2019 passed by
the learned Additional Sessions Judge, Yavatmal below
Exhibit-51 shows that the applicant was on bail during the
trial and applicant has already deposited the fine amount.
Therefore, learned Judge of trial Court suspended the
substantive jail sentence.
Looking to the fact that already the substantive
jail sentence is suspended by the learned trial Court and
looking to the quantum of punishment and after perusal of
the impugned judgment, I am of the view that it requires
second thought. Consequently, I pass the following order:
ORDER
(i) The application is allowed.
(ii) The substantive jail sentence imposed upon the
applicant by learned Additional Sessions Judge, Yavatmal in ::: Uploaded on - 20/01/2020 ::: Downloaded on - 21/01/2020 04:36:38 ::: 3 appa1079.19.odt Sessions Trial No.60/2014 for an offence punishable under Sections 3(2) (e) and 4 of the Prevention of Damage to Public Property Act, shall remain suspended during pendency of this appeal.
(iii) Applicant - Vinod Sukhdev Bawane be released on bail on he executing fresh bail bond in the sum of Rs.10,000/- with one solvent surety in the like amount.
(iv) The fresh bail bonds be executed before the Court below within a period of one month from today.
(v) Applicant is directed to attend Police Station, Babhulgaon, Tq. Babhulgaon, Dist. Yavatmal once in six months during pendency of this appeal.
(vi) The applicant shall remain personally present before this Court at the time of final hearing of this appeal.
The application is disposed of.
JUDGE srwagh ::: Uploaded on - 20/01/2020 ::: Downloaded on - 21/01/2020 04:36:38 :::