Dilipkumar Subhash Jaiswal v. The State Of Maharashtra

Sherla V.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.28 OF 2019 IN CRIMINAL REVISION APPLICATION NO.24 OF 2019 Shri Dilipkumar Subhash Jaiswal ... Applicant Vs.

The State of Maharashtra ... Respondent Mr.Ankush Dhokale I/b Keshav S. Chavan for the Applicant Mr.Vinod Chate, APP, for the Respondent - State CORAM: Mrs.MRIDULA BHATKAR, J.

DATED: JANUARY 21, 2019 P.C.:

1.

The Criminal Application is moved by the applicant/accused for suspension of the impugned judgement and conviction and also for bail pending the Criminal Revision Application. The applicant/accused was convicted for the offence punishable under sections 465, 467, 468, 471 r/w 420 of Indian Penal Code, by order dated 7.7.2015 passed by the learned Metropolitan Magistrate, 16th Court, Ballard Pier, in Case No.57/PW/06. The applicant was sentenced to suffer for different punishments however, the maximum punishment imposed was 2 years with fine.

The said order was challenged by way of Criminal Appeal No.678 of 2015, which was dismissed by the learned Sessions Judge, Greater Mumbai, by order dated 11.12.2018.

2.

The learned Counsel for the applicant/accused submits the applicant/accused was on bail throughout the trial and appeal. He is taken in custody since 11.12.2018. He submits that the applicant/accused has a good case on merits. He is ready to furnish his residential address and will be available at the time of hearing of the revision.

3.

Learned Prosecutor is present and opposed the application on the basis of the report dated 28.1.2019 by Senior Police Inspector of MRA Marg police station, Mumbai. He submits that the applicant/accused is residing at the address of his brother Dilipkumar Jaiswal at Lane No.3, Mankhurd, Mumbai. 4.

In view of the submissions of the learned Counsel, the application is allowed on the following terms: ii) The applicant/accused shall be released on bail upon furnishing a P.R. Bond in the sum of Rs.15,000/- with one or two local sureties in the like amount;

iii) The applicant/accused shall make himself available on all the Court dates.

5.

List the Criminal Revision Application on 15.4.2019. 6.

Criminal Application stands disposed of accordingly. (MRIDULA BHATKAR, J.)