Yogesh Suresh Patil And ORS v. The State Of Maharashtra
1 917.21.15 appa
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE SIDE JURISDICTION CRIMINAL APPLICATION NO. 21 OF 2015 IN CRIMINAL APPEAL NO. 48 OF 2015
1. Yogesh Suresh Patil .....Applicants
2. Suresh Trimbak Patil
3. Sulochana Suresh Patil V/s.
The State of Maharashtra ....Respondent Mr. Satyajeet Mirajkar for the Appellant Ms. R. V. Nevton APP for the State.
CORAM : SMT. SADHANA S. JADHAV, J.
DATED : JANUARY 14, 2015 PC :
1) Heard. This is an application under section 389 of Code of Criminal Procedure, 1673. Applicants herein are convicted for offence punishable under section 4 of Dowry Prohibition Act and sentenced to suffer rigorous imprisonment for one year and fine of Rs. 2,000/- i.d. to suffer rigorous imprisonment for 15 days by Additional Sessions Judge Vasai in Sessions Case No. 274 of 2007 vide Judgment and Order dated 17/12/2014. 2) Learned counsel for the applicants submits that applicants were on bail during the pendency of trial and have not committed breach of any conditions ism
2 917.21.15 appa imposed upon them. The sentence imposed upon the applicants is a short term sentence. Learned Sessions Judge has suspended the substantive sentence after recording the conviction.
3) In view of this, applicants are entitled to the extension of same relief during the pendency of the appeal.
O R D E R
(i) Application is allowed.
(ii) The substantive sentence imposed upon the applicants is hereby suspended and they be enlarged on same bail, fresh bonds. (iii) The applicants shall furnish their fresh bonds within a period of 4 weeks from the date of this order, failing which the order granting bail stands cancelled.
(iv) The applicants shall report to the concerned Court once in six months on the date specified by the concerned Court. Upon failure to attend on two consecutive dates, the concerned Court shall inform the High Court forthwith and take appropriate action. Application is allowed and disposed of.
(SMT. SADHANA S. JADHAV, J.) ism