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Bombay High CourtIA/544/2022allowed

Altaf Husain Jamadar v. The State Of Maharashtra

2022-02-23Hon'Ble Justice Revati Mohite Dere3 pages

by RUPALI RAJESH WAKODIKAR Date:

2022.02.23 16:59:35 +0530 RUPALI RAJESH WAKODIKAR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL INTERIM APPLICATION NO. 544 OF 2022 IN CRIMINAL REVISION APPLICATION NO. 91 OF 2022 Altaf Husain Jamadar ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr. Onkar Mane for the Applicant.

Mr. A.D.Kamkhedkar, A.P.P for the Respondent-State. CORAM : REVATI MOHITE DERE, J.

DATE : 23 rd FEBRUARY, 2022 P.C. :

1.

Heard learned Counsel for the parties.

2.

By this application, the applicant seeks suspension of his sentence and enlargement on bail, pending the hearing and final disposal of the aforesaid Revision Application.

3.

The applicant, vide Judgment and Order dated 8th September, 2017, passed by learned Judicial Magistrate First Class, Solapur, in Regular 1/3

Criminal Complaint No. 840 of 2013 has been convicted for the offences punishable under Sections 354-A(i) and 504 of the Indian Penal Code and is sentenced to suffer rigorous imprisonment of one month and to pay fine of Rs.2,000/-, in default to suffer further rigorous imprisonment for eight days. The said Judgment and Order of conviction and sentence was confirmed by the learned Sessions Judge, Solapur vide Judgment and Order dated 19th January, 2022 passed in Criminal Appeal No. 74 of 2017. 4.

The Revision Application has been admitted by a separate order passed today and the same is not likely to come up for hearing in the immediate near future. The sentence imposed is a short term sentence. It is not in dispute that the applicant was on bail pending trial and that, he has not misused or abused the liberty granted to him. 5.

Considering the aforesaid, the application is allowed and the applicant's sentence is suspended and he is enlarged on bail, pending the hearing and final disposal of his Revision Application, on the following terms and conditions :-

ORDER

i) The Applicant be released on cash bail in the sum of Rs.10,000/-, for a period of four weeks;

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ii) The Applicant shall thereafter furnish P.R. Bond in the sum of 10,000/-, with surety in the like amount, within a period of four weeks of his release on cash bail;

iii) The Applicant shall report to the trial Court, once in six months on the day/date specified by the trial Court; iv) The Applicant shall keep the trial Court informed of his current address and mobile contact number and/or change of residence or mobile details, if any, from time to time; 6.

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

7.

All concerned to act on the authenticated copy of this order. REVATI MOHITE DERE, J.

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