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Bombay High CourtIA/549/2024allowed

Vilas Anandrao Nalawade v. State Of Maharashtra

2024-02-07Hon'Ble Shri Justice Prakash D. Naik2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.549 OF 2024 IN CRIMINAL REVISION APPLICATION NO.90 OF 2024 Vilas Anandrao Nalawade Applicant versus The State of Maharashtra Respondent Mr.Kalpesh U. Patil, Advocate for Applicant.

Mr.Arfan Sait, APP, for State.

CORAM : PRAKASH D. NAIK, J.

DATE : 7th February 2024 PC :

1.

Not on board. Taken on board, 2.

Papers are produced in view of urgency. Applicant is convicted vide judgment and order dated 18th November 2016 passed by Judicial Magistrate First Class, Karad, Court No.5 in RCC No.43 of 2010 for offences u/s.353 and 332 of IPC. He was sentenced to suffer imprisonment for six months and to pay fine of Rs.1,000/- for each offence. Applicant challenged said judgment of conviction by preferring Appeal No.7 of 2011 before the Court of Sessions at Karad. The appeal was dismissed vide judgment and order dated 29th December 2023 and Applicant has been taken in custody. 3.

The sentence is of short term. Applicant was on bail during trial as well as during pendency of appeal. Applicant is in custody for a period of about one month from the date of dismissal of appeal. MANISH SURESHRAO THATTE Date: 2024.02.09 10:37:13 +0530 MANISH SURESHRAO THATTE Applicant has challenged the judgment of conviction by preferring revision application. Considering the aforesaid circumstances, the

2 of 2 503.IA.549.2024.doc sentence can be suspended.

ORDER

(i) The substantive sentence imposed vide judgment and order dated 18th November 2016 passed by Judicial Magistrate First Class, Karad in Regular Criminal Case No.43 of 2010 and confirmed by judgment and order dated 23rd December 2023 passed by Additional District and Sessions Judge, Karad in Criminal appeal No.7 of 2019 is suspended, and Applicant is directed to be released on bail on executing P.R bond in the sum of Rs.20,000/- with one or more sureties in the like amount;

(ii) Applicant is permitted to furnish cash bail in the sum of Rs.20,000/- for a period of eight weeks;

(iii) Applicant shall report Karad City Police Station once in three months on every first Saturday till further orders; (iv) Interim Application is disposed off.

(PRAKASH D. NAIK, J.) MST