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Bombay High CourtAPPR/129/2015others disposed off

Krishnakant Hiraman More v. The State Of Maharashtra

2015-03-30Hon'Ble Shri Justice M.L. Tahaliyani2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 129 OF 2015 IN CRI. REVISION APPLICATION NO. 144 OF 2015 Krishnakant Hiraman More ... Applicant.

V/s.

The State of Maharashtra ... Respondent.

--- Mr. Vishal L. Kolekar, Advocate for the Applicant. Mrs. P.P. Bhosale, APP for the State.

--- CORAM : M.L.TAHALIYANI,J.

DATE : 30th MARCH, 2015 P.C. :

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

The applicant has been convicted for the offence punishable under section 498-A of the IPC. His conviction has been confirmed by the Sessions Court. He was on bail during the course of trial and during the pendency of the appeal. I have gone through the judgment and order of the trial court and the appellate court. I find that an arguable case is made out. Revision application is already admitted. Borey 1/2

spb/ 11appr129-15.sxw Moreover, the applicant has been sentenced to suffer rigorous imprisonment for a period of one year. It is possible that the appeal/ revision may not reach for final hearing during that period. If the applicant is acquitted, he would suffer a loss in the form of confinement which cannot be compensated. In the circumstances, I am inclined grant bail to the applicant. Hence, I pass the following order.

i. The applicant be released on bail in the sum of Rs. 15,000/- (Rs. Fifteen thousand) with one solvent surety in the like amount.

ii. Substantive sentence imposed on the applicant by the trial court and confirmed by the appellate court shall remain suspended during the pendency of the revision application.

The trial court and the prison authorities to act on an authenticated copy of this court.

Criminal application stands disposed of in the above terms.

(JUDGE) .....

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