Hiten Manilal Shah v. The State Of Maharashtra

1 /3 Nalawade FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.314 OF 2018 IN CRIMINAL APPEAL NO.204 OF 2018 Hiten Manilal Shah vs. The State of Maharashtra Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr.A.H.Ponda i/by Karan Jain for the Appellant. Mr.A.R.Kapadnis, APP. for the State.

CORAM : A.S.GADKARI, J.

DATE : 01st March, 2018 P.C.

1.

This is an application for suspension of sentence and releasing the applicant on bail in Sessions Case No.733 of 2007 arising out of CC No.679/PW/07 in CR No.19/2005. 2.

The applicant is convicted under Section255,260,465,467,468,471,420, 120B and 235(2) of the Indian Penal Code by the learned Additional Sessions Judge and Special Judge under MCOC/TADA/POTA/NIA/SUSCA Act by its Judgment and and Order dated 31.1.2018. The maximum sentence imposed upon the applicant is three years of rigorous imprisonment and a total fine of

2 /3 Rs.19,000/-. The learned counsel for the applicant submitted that the the applicant has already deposited the said fine amount in the registry of the Trial Court. That, by an order dated 31.1.2018 the Trial Court has already released the applicant on bail under Section 389(3) of the Cr.P.C. directing the applicant to furnish PR bond of Rs.15,000/- and surety bond of Rs.15,000/- in the like amount.

3.

As the maximum sentence imposed upon the applicant is three years of the rigorous imprisonment, I am inclined to release the applicant on bail.

4.

Hence,the following order.

a) The applicant be released on bail in Sessions Case No.733 of 2007 arising out of CC No.679/PW/07 in CR No.19/2005 on his furnishing PR bond of Rs.25,000/-with one or two solvent local sureties in the like amount. b) During the pendency of appeal 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

3 /3 applicant shall mark his presence on immediate next day. c) Application is allowed in the aforesaid terms. (A.S.GADKARI, J.)