Vishnu Suresh Patil v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.488 OF 2017 IN CRIMINAL APPEAL NO.284 OF 2017 VISHNU SURESH PATIL )...APPLICANT V/s.

THE STATE OF MAHARASHTRA )...RESPONDENT Mr.Manoj Bhatt, Advocate for the Applicant.

Mr.Vinod Chate, APP for the Respondent - State.

CORAM

:

A. M. BADAR, J.

DATE :

10th APRIL 2017 P.C. :

This is an application for suspension of sentence and releasing the applicant / accused on bail during pendency of the appeal filed by him. The applicant/ accused has been convicted of the offence punishable under Section 354((D)(1)(i) of the IPC and is sentenced to suffer rigorous imprisonment for 11⁄2 year apart from directing him to pay a fine of Rs.1,000/- and in default, to avk 1/3

undergo further simple imprisonment for three months. He is acquitted of rest of the offences alleged against him. Heard the learned APP. The learned APP opposed the application by contending that the crime in question is held to be proved by the learned trial court.

I have carefully considered the rival submissions and also perused the impugned judgment and order. Considering the nature of offence as well as the short sentence imposed on the applicant/ accused, which has also been suspended by the learned trial court, the applicant / accused deserves to be released on bail and therefore the order :

i) The application is allowed.

ii) Substantive sentence of imprisonment imposed on the applicant/ accused is suspended and he is directed to be released on bail on his executing P.R.Bond in the sum of Rs.15,000/- and on furnishing surety in like amount.

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iii)As a condition of this order, the applicant/ accused should not contact the victim of the crime as well as her family members in any manner and he should not extend any threat, promise or inducement to them. (A. M. BADAR, J.) avk 3/3