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Bombay High CourtAPPR/19/2017others disposed off

Swati @ Ragini Dinesh Sonawane @ Falguni @ Ragini Murlidhar Deore v. The State Of Maharashtra

2017-08-18Hon'Ble Smt. Justice Anuja Prabhudessai3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 19 OF 2017 WITH CRIMINAL APPLICATION NO.20 OF 2017 IN CRIMINAL REVISION APPLICATION NO.23 OF 2017 Swati @Ragini Dinesh Sonawane ...Applicant

Versus

State of Maharashtra

...Respondent

Ms.Aparna Ashtivkar i/b Sathyanarayan for the Applicant Mr.Prashant Jadhav,APP for the State.

CORAM:

SMT.ANUJA PRABHUDESSAI,J DATED:

18th AUGUST, 2017 PC:- 1.

By these Applications the Applicant has sought bail and suspension of execution of substantive sentence imposed by judgment dated 30.09.2011 in Regular Criminal Case No.1149 of 2006 passed by Judicial Magistrate First Class, Court No.8,Nashik.

2.

Heard the learned Counsel for the Applicant and the learned APP for the State.

3.

The Applicant herein has been convicted for the offences punishable under Sections 406, 420 and 170 of the Indian

Penal Code. The maximum sentence imposed is of simple imprisonment for a term of one year. The Applicant is in custody since 11.11.2016 and has already undergone imprisonment for a period of 9 months. The Revision is of the year 2017. Considering the large pendency of the cases, the Revision is not likely to come up for final hearing in the couple of years. Considering that the Applicant has already undergone a period of imprisonment for about 9 months, the execution of sentence is suspended till the final disposal of the Appeal.

4.

Under these circumstances, the Application is allowed. The execution of substantive sentence imposed by judgment dated 30.09.2011 in Regular Criminal Case No.1149 of 2006 passed by Judicial Magistrate First Class, Court No.8, Nashik is hereby suspended till the final disposal of the Revision and the Applicant is ordered to be enlarged on bail on furnishing bail bond of Rs.15,000/-(Rs.Fifteen thousand only)with one or two sureties to the like amount to the satisfaction of Judicial Magistrate First Class, Court No.8, Nashik.

5.

The Applicant shall furnish her contact number and permanent as well as local address, and contact number if any, and shall intimate change of address, if any, to the Investigating Officer, as well as to the concerned Court; (ANUJA PRABHUDESSAI, J. )