Kiran Gulab Gavit v. The State Of Maharashtra

12.APPA.703.17 in Apeal.596.16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.703 OF 2017 IN CRIMINAL APPEAL NO.596 OF 2016 Mr. Kiran Gulab Gavit ..Applicant Vs The State of Maharashtra ..Respondent ----- Mr. Kedar Patil for the Applicant.

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

DATE : 14th MARCH 2018.

P.C.:

1.

This is an application for suspension of sentence and releasing the applicant on bail on the ground that the applicant has already undergone more than 50% of the sentence as of today.

2.

The applicant is convicted under Sections 120-B, 143, 144, 307 and 326 of the Indian Penal Code and Sections 5, 27 of the Arms Act and has been sentenced to suffer maximum imprisonment for seven years and to pay a total fine of Rs.7,000/- by the learned Additional Sessions Judge, Karad in Sessions Case No.93/2013 by its judgment and order dated 23.08.2016.

3.

The record indicates that in the present crime, the applicant was arrested on 10.09.2013 and since then he is in jail. That, as of today, the Aarti Palkar 1/2

12.APPA.703.17 in Apeal.596.16.doc applicant has undergone the actual imprisonment for four years six months and four days. As the applicant is convicted for the offences punishable of the Indian Penal Code and has undergone more than 50% of the actual sentence, he is entitled to be released on bail. Hence, the following order.

(a) The applicant be released on bail in Sessions Case No.93/2013 arising out of C.R.No.168 of 2004 registered with Karad Police Station, Satara 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 appeal, the applicant shall attend the concerned Police Station on every first Monday of the month between 11.00 a.m. to 1.00 p.m. If the said Monday comes on a holiday or non-Court working day, he shall attend the Court on the immediate next working day.

4.

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