Ganesh @ Amar Hanumant Kamble v. The State Of Maharashtra

9-APPA-287-2017.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.287 OF 2017 IN CRIMINAL APPEAL NO.155 OF 2017 GANESH @ AMAR HANUMANT KAMBLE )...APPLICANT V/s.

THE STATE OF MAHARASHTRA )...RESPONDENT Mr.Rajesh More, Advocate for the Applicant.

Mr.S.V.Gavand, APP for the Respondent - State.

CORAM

:

A. M. BADAR, J.

DATE :

14th MARCH 2017.

P.C. :

This is an application for suspension of sentence and for releasing the applicant / accused on bail during pendency of his appeal filed by him.

Heard both sides.

The applicant / accused was charge for offences punishable under Sections 376, 377 and 402 of the IPC and after due trial, he is acquitted of all offences alleged against him and is avk 1/2

9-APPA-287-2017.doc convicted of the offence punishable under Section 417 of the IPC. He is sentenced to suffer rigorous imprisonment for 1 year apart from payment of fine of Rs.5,000/-, in default, to undergo further rigorous imprisonment for 3 months.

Short sentence is imposed on the applicant / accused and there is no likelihood of his appeal coming up for hearing in near future. The substantive sentence of imprisonment has already been suspended by the learned trial court in order to enable the applicant / accused to file an appeal. In this view of the matter, the following order :

i) The application is allowed.

ii) Substantive sentence of imprisonment imposed upon the applicant / accused is suspended and he 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.

iii)Parties to act on an authenticated copy of this order.

(A. M. BADAR, J.) avk 2/2