Rajaram Narottam Patil v. The State Of Maharashtra

1/4 nsc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.22 OF 2017 IN CRIMINAL REVISION APPLICATION NO.27 OF 2017 Rajaram Narottam Patil ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr.Hrishikesh Giri i/b Mr.P.M.Patil, for the Applicant. Ms.G.P.Mulekar, A.P.P for the Respondent-State CORAM : REVATI MOHITE DERE,J.

DATE : 21st MARCH, 2017 P.C. :

1.

Heard learned Counsel for the applicant and learned A.P.P.

2.

The applicant was convicted and sentenced by the learned Judicial Magistrate First Class, Court No.7, Thane vide Judgment and Order dated 16th September, 2015 in Regular Criminal Case No.295 of 2014, for the offences punishable under Sections 323 and 324 of the Indian Penal Code. The said

2/4 order of conviction and sentence was partly allowed by the learned District Judge - 4 and Additional Sessions Judge, Thane, vide Judgment and Order dated 14th December, 2016 in Appeal being Criminal Appeal No.179 of 2015, inasmuch as, the learned Judge confirmed the conviction of the applicant under Sections 323 and 324 of the Indian Penal Code, however, modified the sentence and reduced the sentence for the offence punishable under Section 323 of I.P.C. from simple imprisonment for one year to simple imprisonment for one month and for the offence punishable under Section 324 of I.P.C. from simple imprisonment for three years to simple imprisonment for six months. Separate fines were also imposed for both the offences and in default sentence was also awarded. The applicant is aggrieved by the aforesaid Judgment and Orders. Hence, this revision. 3.

Learned Counsel for the applicant states that the applicant was on bail, pending trial and pending his appeal. He states that the applicant has undergone more than 50% of the sentence. He further states that the applicant has deposited the fine amounts in the trial Court.

3/4 4.

Perused the papers. The Revision Application has been admitted by a separate order passed today and the same is not likely to come up for the hearing in the immediate near future. It is not in dispute that the applicant was on bail, pending trial and pending his appeal and that the applicant has undergone more than 50% of the sentence awarded by the Appellate Court.

5.

Considering the aforesaid, the application is allowed and the applicant is enlarged on bail on the following terms and conditions :

ORDER

(i) The Applicant be enlarged on bail on furnishing P.R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount;

(ii) The applicants shall report to the trial Court, once in six months, commencing from April 2017, on the date fixed by the trial Court, pending the hearing and final disposal of his Appeal.

4/4 (iii) The applicant shall inform his latest place of residence and mobile contact number immediately after being released and/or change of residence or mobile details, if any, from time to time to the trial Court and to the concerned Police Station, in writing.

6.

The Application is allowed in the aforesaid terms and is accordingly disposed of.

7.

All concerned to act on the authenticated copy of this order.

(REVATI MOHITE DERE, J.)