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Bombay High CourtAPPA/270/2017bail granted

Balasaheb Alias Pratap Sukhadeo Kamble v. The State Of Maharashtra

2017-02-17Hon'Ble Shri Justice A.M. Badar3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.270 OF 2017 AND CRIMINAL APPLICATION NO.271 OF 2017 IN CRIMINAL APPEAL NO.144 OF 2017 BALASAHEB ALIAS PRATAP SUKHADEO ) KAMBLE )...APPLICANT V/s.

THE STATE OF MAHARASHTRA )...RESPONDENT Mr.Balasaheb Deshmukh, Advocate for the Applicant. Mr.A.R.Kapadnis, APP for the Respondent - State.

CORAM

:

A. M. BADAR, J.

DATE :

17th FEBRUARY 2017 P.C. :

These are applications for suspension of sentence and releasing the applicant / accused on bail during pendency of his appeal before this court.

avk 1/3

Heard both sides. The learned advocate appearing for the applicant argued that as the applicant / accused is sentenced to suffer rigorous imprisonment for 3 years and as in exercise of his powers under Section 389 of Code of Criminal Procedure, learned trial Judge has suspended the sentence imposed upon the applicant / accused, the same order be continued during pendency of the appeal. The learned APP opposed the application.

Perused the impugned judgment and order. After holding the applicant / accused guilty of the offences punishable under Sections 452 and 354 of the IPC, apart from the offences punishable under Sections 7 read with 8 of Protection of Children from Sexual Offences (POCSO), 2012, the applicant / accused is sentenced to suffer rigorous imprisonment for 3 years apart from payment of fine of Rs.1000/-, in default, to undergo further simple imprisonment for 2 months. The other offences which are lesser are directed to run concurrently with the higher sentences. avk 2/3

Considering the fact that short sentence of 3 years has been imposed on the applicant / accused which is suspended by the learned trial court, I see no reason to refuse bail to the applicant / accused. Therefore the order :

i) The applications are allowed.

ii) Substantive sentence imposed upon the applicant / accused is suspended and the applicant / accused is directed to be released on bail on his executing P.R.Bond in the sum of Rs.15,000/- and on furnishing surety in like amount.

(A. M. BADAR, J.) avk 3/3