Surendra Bahadursing Purohit v. The State Of Maharashtra

Nalawade FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLLICTIONNO.450 OF 2018 IN CRIMINAL APPEAL NO.283 OF 2018 Surendra B.Purohit ..Appellant.

vs.

State of Maharashtra ..Respondent.

Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. S. Shah and S.S. Keotre for the Applicant. Mr.V.V.Gangurde, APP for the Respondent-State. CORAM : A.S.GADKARI, J.

DATE : 27th March, 2018 P.C.

1.

This is an application for suspension of sentence and releasing the applicant on bail.

2.

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

3.

The applicant is convicted under Section 399 and 402 of the Indian Penal Code and under Section 37(1) and 135 of the Maharashtra Police Act and is sentenced to suffer maximum rigorous imprisonment for two years and to pay Page-1/3

a total fine of Rs.1000/- by the learned Additional Sessions Judge, Pune by its Judgment and Order dated 20.2.2018 in Sessisons Case No.234/2014.

4. The learned counsel for the applicant submitted that applicant has already deposited the fine amount in the registry of the Trial Court. He further submitted that the applicant has been released on bail under Section 389(3) of the Cr.P.C. by the Trial Court.

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

Hence, the following order.

a) During the pendency of the present appeal, the substantive sentence imposed upon the applicant is suspended.

b) During the pendency of the present appeal, the applicant be released on bail in Sessions Case No.234 of 2014 on his furnishing PR bond of Rs.25,000/- with one or two solvent local sureties in the like amount. c) During the pendency of appeal, the applicant shall Page-2/3

mark his presence before the Trial Court on every first Monday of the month between 11.00a.m. to 2.00p.m. If the said first Monday is Court holiday/public holiday the applicant shall mark his presence on immediate next day. d) Application is allowed in the aforesaid terms. (A.S.GADKARI, J.) Page-3/3