Umesh Ramrao Thakur v. The State Of Maharashtra And ANR

Sknair 909-appa-472-2018.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.472 OF 2018 IN CRIMINAL APPEAL NO. 297 OF 2018 Shri Umesh Ramrao Thakur ... Applicant.

Vs.

The State of Maharashtra & Anr.

... Respondents Mr. Nitesh Mohite I/by Mr. Satyavrat Joshi for the Applicant. Mr. H.S. Venegavkar for the Respondent.

Mr. V.V.Gangurde, APP for State.

CORAM : A.S. GADKARI, J.

DATE :

23rd MARCH, 2018 P.C.

1.

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

2.

The applicant is convicted under Sections 120-B and 420 of the Indian Penal Code and sentenced to suffer maximum rigorous imprisonment for two years on each count and to pay a fine of Rs.25,000/- by the learned Special Judge, CBI (ACB), Pune in Special (CBI) Case No. 59/2015 by its Judgment and Order dated 16.02.2018. 3.

The learned counsel appearing for the applicant submitted that, the applicant has deposited a sum of Rs.5000/- only before the

Sknair 909-appa-472-2018.odt Trial Court and the remaining fine amount will be paid before his actual release from jail. The said statement is accepted. He further submitted that the applicant has been released on bail under Section 389(3) of Code of Criminal Procedure, 1973 by the Trial Court by its Order dated 16.02.2018.

4.

As the maximum sentence imposed upon the applicant is two years and the possibility of the appeal being heard on merits in near future is remote, I am inclined to release the applicant on bail. Hence, the following order.

(a) The applicant be released on bail in Special (CBI) Case No. 59/2015 on his furnishing PR bond of Rs.25,000/- with one or two solvent local sureties in the like amount.

(b) During the pendency of the appeal, the applicant shall attend the concerned Trial Court on every first Monday of the month between 11.00 a.m. to 1.00 p.m. If the said Monday comes on a holiday or non-Court working day, he shall attend the Court on the immediate next working day.

5.

Application is allowed in the aforesaid terms. (A.S. GADKARI, J)