Anagha Anand Joshi @ Ashwini @ Seema Anand Joshi v. The State Of Maharashtra

904.APPRNo.2472016 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.247 OF 2016 IN CRIMINAL REVISION APPLICATION NO.278 OF 2016 Office Notes, Office Memorandum of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr.Dilip Bodake, Advocate for the Applicant.

Smt.Anamika Malhotra, APP for the Respondent/State. ....

CORAM

: A.S.GADKARI, J DATED :4th May 2016 P.C.

1.

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

2.

The applicant has been convicted under Section 379 of the Indian Penal Code and sentenced to suffer simple imprisonment for three years by the Judicial Magistrate First Class, Lanja, District Ratnagiri in R.C.C.No. 9/2012, by its judgment and order dated 31/03/2012. The Criminal Appeal No.25 of 2012 preferred by the applicant has been partly allowed by the learned Additional Sessions Judge, Ratnagiri, by its judgment and order dated 19/04/2016. While Gaikwad RD 1/2

904.APPRNo.2472016 partly allowing the said appeal, the learned appellate Court has modified the judgment and order dated 31/03/2012 passed by the trial Court and reduced the sentence from three years to one year of simple imprisonment. The appellate Court has also recorded that as on the date of passing of the judgment and order i.e. on 19/04/2016, the applicant was in jail for 142 days.

3.

The learned counsel for the applicant submitted that out of the total substantive sentence of simple imprisonment, the applicant has already undergone 158 days of sentence as of today. The substantive sentence imposed upon the applicant is simple imprisonment for one year. The substantive sentence is hereby suspended pending the hearing and final disposal of the present Revision Application.

4.

The applicant be released on bail on her furnishing a P. R. bond of Rs.15,000/- with one or two local surety in like amount. 5.

The application is allowed in the aforesaid terms. 6.

All the concerned to act on an authenticated copy of this order.

(A.S.GADKARI J.) Gaikwad RD 2/2