Sandip Raghunath Dalvi v. The State Of Maharashtra
Mhi 1 APPA-622-17.sxw
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 622 OF 2017 IN CRIMINAL APPEAL NO. 375 OF 2017 Sandip Raghunath Dalvi ...
Applicant Vs.
The State of Maharashtra ...
Respondent Mr.Umesh R. Mankapure,Advocate for the applicant. Mr.S.R.Agarkar,APP, for the State.
CORAM:
SMT.SADHANA S.JADHAV, J.
DATE : 3rd May, 2017.
P.C.
The applicant herein is convicted for the offence punishable under Section 3(1)(x) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and is sentenced to suffer R.I. or six months and fine of Rs.1,000/- in default R.I. for 15 days by Addl. Sessions Judge, Islampur, in Special Case No.1 of 2016 vide judgment and order dated 1.4.2017.
2.
The learned counsel for the applicant submits that the applicant was on bail during the pendency of the trial and has not committed breach of any conditions imposed upon him. Hence, he deserves to be enlarged on bail during the pendency of the appeal. It is also submitted that the trial
Mhi 2 APPA-622-17.sxw Court has suspended the substantive sentence for a limited period in order to enable the applicant to approach the Hon'ble High Court. In view of this, the substantive sentence imposed upon the applicant by judgment and order dated 1.4.2017 deserves to be stayed.
O R D E R
(i) The application is allowed.
(ii) The substantive sentence imposed upon the applicant is hereby suspended. The applicant be enlarged on bail on furnishing P.R.Bond in the sum of Rs.15,000/- with one or more sureties in the like amount. (iii) The applicant shall report to the Sessions Court, Islampur, once in six months on the date assigned by the Sessions Court. Upon failure to attend any two consecutive dates, the learned Sessions Judge shall issue nonbailable warrant, calling upon the applicant to serve the substantive sentence.
(iv) The application is allowed in the above terms and stands disposed of. (SMT. SADHANA S.JADHAV, J.)