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Bombay High CourtAPPR/138/2019

Prasad Raghunath Chavan v. The State Of Maharashtra

2019-03-12Hon'Ble Mrs. Justice Mridula Bhatkar3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.138 OF 2019 IN CRIMINAL REVISION APPLICATION No. 142 OF 2019 Prasad Raghunath Chavan ...Applicant

Versus

State of Maharashtra

...Respondent

----- Mr.Priyal Sarda for the Applicant.

Mr.N.B.Patil, APP for the Respondent-State.

----- CORAM : MRS. MRIDULA BHATKAR, J.

DATE : 12 MARCH 2019 P.C.:

1.

Upon urgent mentioning, taken on production board. 2.

This Criminal Application is moved by the applicant/accused for suspension of sentence and bail. The applicant/accused is convicted for the offences punishable under sections 279 and 304-A of the Indian Penal Code and under section 184 of the Motor Vehicles Act by judgment and order dated 06.02.2018 passed by the learned Judicial Magistrate First Class, (Court No. 12), Solapur in STC No. 6362 of 2012 and is sentenced to suffer maximum six months R.I. and directed to pay a fine. 1/3

The order of conviction was challenged in Criminal Appeal No. 21 of 2018. The learned Additional Sessions Judge, Solapur by judgment and order dated 07.03.2019 upheld the order of conviction and dismissed the Criminal Appeal.

3.

The learned counsel for the applicant/accused submits that the applicant/accused is taken in custody on 07.03.2019 and he is behind bars since then. He further submits that the applicant/accused was on bail throughout the trial. All the offences are bailable. He further submits that the applicant/accused shall attend this revision application when it will be heard.

4.

The learned APP submits to the orders passed by this Court. 5.

Considered the submissions and the nature of the offence. In view thereof, the following order is passed:

ORDER

i) The impugned conviction and sentence dated 06.02.2018 passed by the learned Judicial Magistrate First Class, (Court No.12), Solapur in STC No.6362 of 2012, is suspended pending revision application;

2/3

ii) The applicant/accused shall be released on bail upon furnishing bail bond in the sum of Rs.15,000/- with one or two sureties in the like amount;

iii) The applicant/accused shall not jump the bail; iv) The applicant/accused shall attend all the dates of hearing of revision application.

6.

Criminal Application is allowed and accordingly disposed of. (MRIDULA BHATKAR, J.) 3/3