Ganesh Shivaji Kadam v. The State Of Maharashtara

1 /2 9-appp-241-18 Nalawade

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.241 OF 2018 IN CRIMINAL APPEAL NO.163 OF 2018 Ganesh Shivaji Kadam ...Appellant.

vs.

The State of Maharashtra

...Respondent.

Ms. Rekha Musale i/by Nitin Rajguru in Appeal No.163/2018.

Mrs. Anamika Malhotra, APP for the Respondent-State. CORAM : A.S.GADKARI, J.

DATE : 26th February, 2018 P.C.

1.

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

2.

The applicant is convicted for the offence punishable under Sections-354, 363,366 and 506 of the Indian Penal Code and under Section 8 of the Prevention of Children from Sexual Offences Act in CR No.15/2015 registered with Market Yard Police Station, Pune by the learned Additional Sessions Judge, Pune by its Judgment & order dated 9.10.2017 in Special Case No.43 of 2015 and is sentenced to suffer maximum imprisonment of six months and to pay a total fine of Rs.5000/-. The learned counsel

2 /2 9-appp-241-18 for the applicant submitted that the applicant has already deposited the said fine amount in the registry of the Trial Court.

3.

As the maximum sentence imposed upon the applicant is of six months, I am inclined to release the applicant on bail.

Hence, the following order.

a) The applicant be released on bail in CR No.15/2015 registered with Market Yard Police Station, Pune (Special Sessions Case No.43/2015) on his furnishing PR bond of Rs.25,000/- with one or two solvent local sureties in the like amount.

b) After his release from Jail, the applicant shall mark his presence before the Trial Court on every first Monday of the month between 11.00 a.m. to 2.00 p.m. If the said first Monday is Court holiday/public holiday the applicant shall mark his presence on immediate next day.

c) Application is allowed in the aforesaid terms. (A.S.GADKARI, J.)