Sharad @ Bhai Mansing Pawar v. The State Of Maharashtra

1 /3 Nalawade FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLILCATION NO.673 OF 2018 WITH CRIMINAL APPLICATION NO.674 OF 2018 IN CRIMINAL APPEAL NO. 487 OF 2018 Sharad @ Bhai Mansing Pawar vs.

The State of Maharashtra Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. V.L.Ubramanianrajam for the Applicants.

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

DATE : 03rd May, 2018 P.C.

1.

These are applications for suspension of substantive sentence and releasing the applicant on bail in Sessions Case No. 129 of 1999.

2.

Heard Shri. Ubramanioanrajam, the learned counsel for the applicant and the learned APP for the State. 3.

The applicant-original accused No.1 has been convicted under Section 304-II of the Indian Penal Code and is sentenced to suffer rigorous imprisonment for three

2 /3 years by the learned Additional Sessions Judge-1, Thane in Sessions Case No. 129 of 1999 by its Judgment and Order dated 22.2.2018.

4.

The Learned counsel for the applicant submitted that the applicant was on bail during the pendency of the trial.

5. As the maximum sentence imposed upon the applicant is three years of rigorous imprisonment and the possibility of appeal being heard on merits in near future is remote, I am inclined to suspend the substantive sentence and to release the applicant on bail.

Hence the following order.

a) During the pendency of the present appeal, the substantive sentence imposed upon the applicant is suspended.

b) During the pendency of the appeal, the applicant be released on bail in Sessions Case No. 129/1999 on his furnishing PR bond of Rs.25,000/-with one or two solvent local sureties in the like amount.

c) During the pendency of appeal the applicant shall mark his presence before the Trial Court on every first

3 /3 Monday of the month between 11.00 a.m. to 2.00p.m. If the said first Monday is Court holiday/public holiday the applicant shall mark his presence on immediate next day. d) Application is allowed in the aforesaid terms. (A.S.GADKARI, J.)