Suryakant Dwarkanath Deshmukh v. The State Of Maharashtra

CRP 1 1-APPR-137-2017 .doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 137 OF 2017 IN CRIMINAL REVISION APPLICATION NO. 578 OF 2016 Suryakant Dwarkanath Deshmukh ...

Applicant V/s.

The State of Maharashtra ...

Respondent Mr. Sunil More I/by Jameela Khan for the Applicant. Mr. T. V. Dhotre I/by H. S. Venegavhar for the Respondent-State. CORAM : A. S. GADKARI, J.

DATE : 28th JUNE, 2019.

P.C.:- 1] This is an application for suspension of sentence and for releasing the applicant on bail.

2] Heard the learned counsel for the applicant and the learned counsel for the respondent. Perused the record. 3] The applicant has been convicted under section 120-B, 420 and 471 of the Indian Penal Code and is sentenced to suffer maximum rigorous imprisonment for one year and to pay a total fine of Rs.15,000/- by the learned Additional Chief Metropolitan Magistrate, 19th Court, Esplanade, Mumbai in C.C. No. 695/PW/2009 by its 1/3

CRP 2 1-APPR-137-2017 .doc Judgment and Order dated 16th November 2013. 4] The Criminal Appeal bearing No.727 of 2013 preferred by the applicant has been turned down by the learned Additional Session Judge / Special Judge (CBI), Gr. Mumbai by its Judgment and Order dated 03rd September 2016.

5] The learned counsel for the applicant submitted that, the applicant has already deposited the fine amount of Rs.15,000/- in the Registry of Trial Court. He submitted that, as the applicant is more than 88 years of age, this court by expressing leniency on early occasion directed the applicant to file a separate application for bail. 6] As the sentence imposed upon the applicant is short term sentence and the possibility of hearing the present Revision Application being heard on merits in near future is remote and the applicant being more than 88 years of age, I am inclined to suspend the sentence imposed upon the applicant and release him on bail. Hence the following Order :

(i) During the pendency of the present Revision, the substantive sentence imposed upon the applicant is hereby suspended. (ii) During the pendency of the Revision, the applicant be released on bail on his furnishing PR bond in the sum of Rs.10,000/- 2/3

CRP 3 1-APPR-137-2017 .doc with one or two local sureties in the like amount. (iii) The procedure for the bail be completed before the Trial Court i.e. Additional Chief Metropolitan Magistrate, 19th Court, Esplanade, Mumbai.

6] Application is allowed in the aforesaid terms. All the concerned to act on authenticated copy of this Order.

(A.S. GADKARI, J.) 3/3