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Bombay High CourtAPPA/406/2017bail granted

Rekha Prakash Avhad v. The State Of Maharashtra

2017-03-23Hon'Ble Justice Revati Mohite Dere3 pages

1/3 nsc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.406 OF 2017 IN CRIMINAL APPEAL NO.236 OF 2017 Rekha Prakash Avhad ...Applicant

Versus

The State of Maharashtra

...Respondent

Ms.Meghna Gwalani i/b Mr.Ganesh Gole, for the Applicant. Mr.H.J.Dedia A.P.P. for the Respondent - State. CORAM : REVATI MOHITE DERE, J.

DATE : 23rd MARCH, 2017 P.C. :

1.

Heard learned counsel for the applicant and the learned APP. 2.

By this application the applicant seeks her enlargement on bail, pending the hearing and final disposal of her appeal. 3.

The applicant, has been convicted by the learned District Judge - 3 and Additional Sessions Judge, Niphad, District - Nashik, vide

2/3 Judgment and Order dated 17th February, 2017 for the offence punishable under Section 143 of the Indian Penal Code and has been sentenced to suffer S.I for 3 months; for the offence punishable under Section 147 of the Indian Penal Code and has been sentenced to suffer R.I for 1 year and to pay fine of Rs.200/- in default to suffer further S.I. for 1 month ; for the offence punishable under Section 148 of the Indian Penal Code and has been sentenced to suffer R.I for 2 years and to pay fine of Rs.500/- in default to suffer further S.I. for 1 month; for the offence punishable under Section 341 r/w 149 of the Indian Penal Code and has been sentenced to suffer S.I for 1 month; for the offence punishable under Section 324 r/w 149 of the Indian Penal Code and has been sentenced to suffer R.I for 2 years and to pay fine of Rs.500/- in default to suffer further S.I. for 2 months. The applicant is however acquitted for the offences punishable under Sections 307, 323, 504 and 506 r/w 149 of the Indian Penal Code and under Section 37(1) (3) 135 of the Bombay Police Act. 4.

Perused the papers. The Appeal has been admitted by a separate order passed today and the same is not likely to come up for the hearing in the immediate near future. The sentence awarded is a short

3/3 term sentence. The applicant was on bail pending trial and that she has not abused or misused the liberty granted to him. 5.

Considering the aforesaid, the applicant's sentence is suspended and she is enlarged on bail, pending the hearing and final disposal of her Appeal, on the following terms and conditions :

ORDER

(i) The Applicant be enlarged on bail on furnishing P.R. Bond in the sum of Rs.15,000/- with one or two sureties in the like amount; 6.

The Application is allowed in the aforesaid terms and is accordingly disposed of.

7.

All concerned to act on the authenticated copy of this order. (REVATI MOHITE DERE, J.)