1 903.appa579.19.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 579 OF 2019
IN
CRIMINAL APPEAL NO. 513 OF 2019
1 Sumit Sadashiv More
2 Sandhya Sadashiv More
3 Sadashiv Mahadev More. ..Applicants.
V/s.
The State of Maharashtra. ..Respondent.
Mr. Yogesh V. Karande I/b. Mr. Vijay Rohidas Shinde, advocate for
applicants.
Mr. S.R. Agarkar, APP for State.
CORAM : SMT. SADHANA S. JADHAV,J.
DATE : APRIL 10, 2019.
P. C. :
1 Heard the learned Counsel for the applicants and the learned
APP for State.
2 This is an application under section 389 of the Code of
Criminal Procedure, 1908 seeking suspension of substantive sentence
imposed upon the applicants. The applicants herein are convicted for
offence punishable under section 498A read with section 34 of the
Indian Penal Code and sentenced to suffer R.I. for 2 years and to pay
fine of Rs. 5,000/- each I.d. to suffer R.I. for 3 months each vide Judgment
Talwalkar
::: Uploaded on – 11/04/2019 12/04/2019 01:56:35 :::
2 903.appa579.19.doc
and Order dated 15th March, 2019 in Sessions Case No. 390 of 2013. The
applicants are acquitted of the charge under sections 306 and 304B read
with section 34 of the Indian Penal Code.
3 The learned Counsel for the applicants submits that the
applicants were on bail during the pendency of the trial and hence, they
are entitled to extension of the same relief during the pendency of the
appeal. The sentence imposed upon the applicants is a short term
sentence.
4 Reliance can be placed upon the Judgment of the Apex
Court in the case of Kiran Kumar v/s. State of M.P. 2001 AIR SCW
5130 for seeking suspension of substantive sentence during the
pendency of the appeal which cannot be heard at the earliest thereby
causing the prayer to become infructuous.
4 In view of this, the applicant deserves to be enlarged on bail.
Hence following order is passed :
ORDER
(i) The application is allowed.
(ii) The substantive sentence imposed upon the applicants vide
Judgment and Order dated 15/3/2019 passed by Additional Sessions
Talwalkar
::: Uploaded on – 11/04/2019 12/04/2019 01:56:35 :::
3 903.appa579.19.doc
Judge, Thane in Sessions Case No. 390 of 2013 is hereby suspended and
the applicants be enlarged on bail on furnishing P.R. Bond in the sum of
Rs. 25,000/- each and one or more solvent sureties in the like amount.
(iii) The applicants shall mark their presence before the Sessions
Court, Thane once in 6 months on the date assigned by the Special Court,
Thane. Upon failure to attend any two consecutive dates, the Sessions
Court, Thane shall report the same to the High Court. The prosecution is
at liberty to move for cancellation of bail.
7 The application is disposed of accordingly.
[SMT. SADHANA S. JADHAV, J.]
Talwalkar
::: Uploaded on – 11/04/2019 12/04/2019 01:56:35 :::
