Vijaya Purushottam Dighe v. The State Of Maharashtra

(906)APPANo.5232018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.523 OF 2018 IN CRIMINAL APPEAL NO.369 OF 2018 Smt.Vijaya Purushottam Dighe ...

Applicant V/s.

The State of Maharashtra & Anr. ...

Respondents .....

Mr.Dinesh Adsule, Advocate for the Applicant. Mr.A.R.Kapadnis, APP for the Respondent No.1/State. Mr.H.S.Venegaonkar, Advocate for the Respondent No.2/CBI. ....

CORAM : A.M.BADAR J.

DATED : 7th JUNE 2018.

P.C. :

This is an application for suspension of sentence and releasing the applicant/accused no.4 on bail during pendency of the appeal filed by him. The applicant/accused no.4 is convicted for the offence punishable under Sections 420 and 120B of the Indian Penal Code along with the co-accused. On each count, he is sentenced to suffer rigorous imprisonment for 2 years. Heard the learned Advocate appearing for the applicant/accused no.4 as well as Shri Venegaonkar, the learned Gaikwad RD 1/2

(906)APPANo.5232018 Advocate appearing for respondent no.2 and the learned APP for respondent no.1/State.

The co-accused viz., accused nos.1,2,3 and 5 are already released on bail by this Court. After his conviction, the same is already suspended by the learned trial Court. In this view of the matter, I see no reason to deny bail to the present applicant/accused no.4. Therefore, the order :

ORDER

i) The application is allowed.

ii) Substantive sentences of imprisonment imposed on the applicant/accused no.4 is suspended and the applicant/ accused no.4 is directed to be released on bail on his executing P.R.Bond in the sum of Rs.25,000/-, and on furnishing surety in like amount.

iii) As a condition of this order, the applicant/accused shall attend the trial Court on first Monday of every month and if any Monday happens to be a holiday, then on Tuesday of that month, until further orders.

iv) The application is disposed of.

(A.M.BADAR J.) Gaikwad RD 2/2