Gatya@Balasaheb Tushiram Aherkar v. The State Of Maharashtra

Vidya Amin.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 235 OF 2019 IN CRIMINAL REVISION APPLICATION No. 229 OF 2019 Gatya @ Balasaheb Tushiram Aherkar ...

Applicant vs.

The State of Maharashtra ...

Respondent Mr. V.V. Purwant, Advocate for the applicant. Mrs. Veera Shinde, APP for the respondent/State. CORAM: Mrs.MRIDULA BHATKAR, J.

DATED: 22nd April, 2019 P.C. :

Upon urgent mentioning, taken on Production Board. 2.

The Criminal Application is moved by the applicant/accused for suspension of sentence and also for bail pending the Criminal Revision Application. The applicant/accused was convicted for the offence punishable under section 379 of Indian Penal Code and is sentenced to suffer R.I. for one year by the judgment and order dated 19th January, 2018 passed in R.C.C. No. 833 of 2015 by the learned 7th Judicial Magistrate First Class, Solapur. The said order was challenged in Criminal Appeal No. 138 of 2015. The learned Additional Sessions Judge, Solapur though confirmed the

sentence, reduced the sentence from one year to 6 months rigorous imprisonment and to pay fine and in default, to suffer simple imprisonment for one month by the judgment and order dated 16th March, 2019.

2.

The learned counsel for the applicant/accused submitted that the applicant/accused was on bail throughout the trial and also during the appeal. Hence, he prays for suspension of sentence and also for bail.

3.

Learned Prosecutor is present and submits to the orders of the Court.

4.

In view of the submissions of the learned Counsel and also as there is no chance that the Revision Application will be heard in near future, the application is allowed on the following terms: i) The applicant/accused shall be released on bail upon furnishing a P.R. Bond in the sum of Rs.15,000/- with one or two sureties in the like amount;

ii) The applicant/accused shall make himself available on all the Court dates.

iii) The applicant/accused shall not jump the bail. (iv) The applicant/accused shall not indulge into any criminal activity.

5.

Criminal Application stands disposed of accordingly. (MRIDULA BHATKAR, J.)