Mohasin Jainuddin Hangad v. The State Of Maharashtra

909.APPR.185.18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.185 OF 2018 IN CRIMINAL REVISION APPLICATION NO.171 OF 2018 Mohasin Jainuddin Hangad ... Applicant V/s.

The State of Maharashtra ... Respondent ---- Ms S.D. Khot for the Applicant.

Mr. A.R. Kapadnis, APP for the Respondent State. CORAM : A.S.GADKARI, J.

DATE : 28th MARCH 2018 P.C.:

1.

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

2.

Heard the learned counsel for the applicant and the learned APP. Perused the record.

3.

The applicant is convicted under Sections 279, 304-A and 427 of Indian Penal Code and sentenced to suffer simple imprisonment for three months on each count and to pay a fine of Rs.10,000/- by the learned Judicial Magistrate First Class, Palus in Summary Criminal Case No.315 of 2009 by the Judgment and Order dated 07.01.2013. The Aarti Palkar 1/2

909.APPR.185.18.doc Criminal Appeal No.30 of 2013 preferred by the applicant has been dismissed by the learned I/c. Ad hoc District Judge-1 & Member of M.A.C.T., Sangli by its Judgment and Order dated 27.02.2018. In the premise, the present revision is filed, which has been admitted by the order of even date.

4.

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

(a) During the pendency of the revision, the substantial sentence of the applicant is suspended.

(b) The applicant be released on bail in Summary Criminal Case No.315 of 2009 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 revision, the applicant shall mark his presence before the Trial Court on every first Monday of the month between 11.00 a.m. to 2.00 p.m. If the said Monday is Court holiday/public holiday, the applicant shall mark his presence on immediate next date.

5.

Application is allowed in the aforesaid terms. (A.S.GADKARI, J.) Aarti Palkar 2/2