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Bombay High CourtAPEAL/635/1994partly allowed partly dismissed

Anil Kundlik Kamble v. The State Of Maharashtra

2015-11-20Hon'Ble Smt. Justice S.S. Jadhav2 pages

212.apeal635.94.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 635 OF 1994 Anil Kundlik Kamble.

... Appellant.

Versus

The State of Maharashtra.

... Respondent.

--- Mr. Omkar Nagwekar, advocate appointed for Appellant. Mr. Arfan Sait, APP for State.

--- CORAM : SMT. SADHANA S. JADHAV,J DATE : NOVEMBER 20, 2015 P.C.:

For the reasons to be recorded, following order is passed :

ORDER

(i) The appeal is partly allowed.

(ii) The appellant herein is acquitted of the offence punishable under Section 307 of the Indian Penal Code and is convicted under Section 324 of the Indian Penal Code and is sentenced to the substantive sentence already undergone and fine amount of Rs. 10,000/- to be deposited before the Sessions Court within 8 weeks Talwalkar 1/2

212.apeal635.94.sxw from today. Upon failure to deposit amount of fine within 8 weeks, the appellant shall undergo substantive sentence for a period of one year.

(iii) The learned Sessions Court shall give compliance report. Upon failure to deposit fine amount within 8 weeks from today, learned Sessions Court shall issue non-bailable warrant against the appellant. (iv) The bail bond stands cancelled.

The professional fees quantified to the learned Counsel appointed is Rs 1,000/- to be paid to him within 3 months from today.

The appeal stands disposed of accordingly.

(SMT. SADHANA S. JADHAV,J) Talwalkar 2/2