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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT GOA
Manish Pitale, J.
Caitan Dsouza Presently At Colvale Jail - Appellant
Versus
P.P. Of The High Court & Anr. - Respondents
Criminal Application No. 62 of 2021 In Criminal Revision Application No. 13 of 2021.
Decided On : 16-11-2021
Suspension of Sentence - Criminal Revision Application - The court suspended the sentence imposed upon the applicant in the interest of justice, allowing the applicant to be released on bail during the pendency of the Criminal Revision Application.
Fact of the Case:
The applicant challenged his conviction for the offence under Sections 224 and 353 read with Section 511 of IPC and imposition of a six-month sentence. The applicant was taken into custody as a result of the dismissal of the appeal, while already enlarged on bail in another proceeding.
Finding of the Court:
The court found that considering the quantum of sentence, the applicant's sentence could be suspended in the interest of justice, allowing the applicant to be released on bail during the pendency of the Criminal Revision Application.
Issues: The main issue was the suspension of the sentence imposed upon the applicant during the pendency of the Criminal Revision Application.
Ratio Decidendi: The court's decision was influenced by the quantum of sentence and the interest of justice, leading to the suspension of the applicant's sentence and allowing release on bail.
Final Decision: The application was allowed, and the sentence was suspended, directing the applicant to be released on bail on the same terms and conditions as before, with surety to the satisfaction of the Sessions Court.
JUDGMENT
Manish Pitale, J. - The learned Counsel for the applicant pointed out that the Sessions Court vide its order dated 11.11.2021 has dismissed the appeal filed by the applicant challenging his conviction for the offence under Sections 224 and 353 read with Section 511 of IPC and imposition of sentence of six months.
2. It is submitted at the bar that the applicant was taken into custody on 11.11.2021, as a result of dismissal of the appeal. It is pointed out that in the proceeding pending against him for the offence punishable under Section 307 of the IPC, the applicant is already enlarged on bail.
3. Considering the quantum of sentence, this Court is of the opinion that during the pendency of the Criminal Revision Application sentence imposed upon the applicant can be suspended in the interest of justice. Hence, the application is allowed and sentence is suspended. The applicant is directed to be released on bail on the same terms and conditions on which the applicant was released on bail when the matter was pending before the Sessions Court. The conditions imposed by the Sessions Court concerning furnishing surety shall be to the satisfaction of the Sessions Court.
4. Application stands disposed of.
5. Authenticated copy of this order be expedited.
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