Ajay Vijay Patil v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 85 OF 2019 IN CRIMINAL REVISION APPLICATION No. 68 OF 2019 Shri. Ajay Vijay Patil ...Applicant

Versus

The State of Maharashtra

...Respondent

----- Mr.Shyamsunder Solanke i/b Mr.Pratap Patil for the Applicant. Mr. A.R.Patil, APP for the Respondent-State.

----- CORAM : MRS. MRIDULA BHATKAR, J.

DATE : 12 FEBRUARY 2019 P.C.:

1.

Upon urgent mentioning, taken on production board. 2.

This Criminal Application is moved by the applicant/accused for suspension of sentence and also for bail pending the revision application. The applicant/accused is convicted by the judgment and order dated 15th April, 2011 passed by the learned Judicial Magistrate First Class, Alibag in Summary Cri. Case No. 330 of 2010 for the offence punishable under sections 354 and 506 of the Indian Penal Code. The applicant/accused is sentenced to suffer S.I. for three months and to pay fine of Rs. 3,000/-, in 1/3

default to suffer S.I. for 15 days for the offence under section 354 of the I.P.C. and for the offence under section 506 of the I.P.C., he is sentenced to suffer S.I. for one month and to pay fine of Rs. 1,000/-, in default to suffer S.I. for 7 days. The said judgment and order was challenged by way of Criminal Appeal No. 63 of 2011, which was dismissed by the learned Sessions Judge, Raigad-Alibag by judgment and order dated 29th January, 2019.

3.

The learned counsel for the applicant/accused submits that the applicant/accused has a good case on merits. The applicant/accused was on bail throughout the trial and also during the appeal. Hence, he prays that the sentence be suspended and bail be granted to the applicant/accused.

4.

The learned APP is present and submits to the orders of the Court. 5.

Considered the submissions and the nature of the offence. In view thereof, the following order is passed :

ORDER

i) The impugned sentence is suspended till the hearing of the Criminal Revision Application;

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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 sureties in the like amount;

iii) The applicant/accused shall not jump the bail; 6.

Criminal Application stands disposed of accordingly. 7.

Parties to act upon an authenticated copy of this order. (MRIDULA BHATKAR, J.) 3/3