Bapu Dattu Waghmare v. The State Of Maharashtra

Dond 1/2 appr.89-2016.sxw FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 89 OF 2016 IN REVISION APPLICATION NO. 87 OF 2016 ----------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders.

----------------------------------------------------------------------------------------------------------------- Mr. Vijay Killedar for Applicant.

Mr. Depak Thakare, APP for State.

CORAM : A.S. GADKARI, J.

DATE : 2nd April 2016.

P.C.:

1] This is an application for suspension of sentence and releasing the applicant on bail.

By the Judgment and Order dated 18.10.2011 in RCC No.478 of 2008 passed by the Judicial Magistrate First Class, Solapur, the applicant is convicted under Section 379 read with Section 34 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for one and half year and to pay fine of Rs.4000/- and in default of payment of fine to further undergo simple imprisonment for six months. The Criminal Appeal bearing No.58 of 2011 preferred by the applicant has been dismissed by the Judgment and Order dated 8th February 2016 passed by the learned Additional Sessions Judge, Solapur.

2] The learned Counsel for the applicant submitted that after the passing

Dond 1/2 appr.89-2016.sxw of Judgment and Order dated 8th February 2016 by the Appellate Court, the applicant had surrendered his bail bonds and he is in jail. That the substantive sentence imposed upon the applicant is of one and half years of rigorous imprisonment. That the applicant has already undergone two months of substantive sentence.

3] The substantive sentence imposed upon the applicant is hereby suspended during the pendency of the Criminal Revision Application No.87 of 2016.

4] The applicant be released on his furnishing PR bond of Rs.15,000/- with one or two solvent local sureties in the like amount. 5] Criminal Application No.89 of 2016 is allowed in the aforesaid terms. 6] All the concerned to act on the authenticated copy of this order. (A.S. GADKARI, J.)