Pintu Padu Bhoir v. The State Of Maharashtra

911-APPA-1336-2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE SIDE CRIMINAL APPLICATION NO.1336 OF 2016 IN CRIMINAL APPEAL NO.701 OF 2016 Pintu Padu Bhoir ...

Applicant V/s.

The State of Maharashtra ..

Respondent .....

Mr. Kuldeep S. Patil, Advocate for the Applicant. Mr. S.V.Gavand, APP for the Respondent/State. ....

CORAM :

P. N. DESHMUKH J.

DATED :

OCTOBER 26, 2016.

P.C.

Issue notice to Respondent. The learned APP waives notice on behalf of State. Heard learned counsel for applicant. He submits that applicant is convicted for the offence punishable under Sections 353 and 332 of IPC and is sentenced to suffer RI for 18 months on both the counts with fine of Rs.500/- in default to suffer SI for one month. It is submitted that accused has already undergone 11 months of imprisonment and was on bail pending trial. It is, therefore, prayed that pending appeal, substantive sentence as aforesaid be suspended and accused be released on bail.

It is found that accused is convicted as aforesaid and is acquitted of the offence punishable under Section 307 of IPC. Considering the short sentence imposed and as applicant was on bail Shivgan 1/2

911-APPA-1336-2016 pending trial, application is allowed as per order below: (1) Applicant shall be released on bail on his executing P.R.BOnd in the sum of Rs.15,000/- with one surety in the like amount. (2) Applicant shall mark his presence with Panvel City Police Station, once in three months, on the first day of such month, pending appeal. (3) Applicant shall produce proof of his residence to the Investigating Officer and update change in address, if any, in future, to the concerned police station.

Application stands disposed of as allowed.

(P. N. DESHMUKH J.) Shivgan 2/2