Shobha Eknath Ghorpade v. The State Of Maharashtra

1 /4 Nalawade FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 811 OF 2018 IN CRIMINAL APPEAL NO.538 OF 2018 Mrs. Shobha Eknath Ghorpade vs. 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.S.D.Paithane for the Applicant.

Mr. Prashant Jadhav, APP. for the Respondent-State. CORAM : A.S.GADKARI, J.

DATE : 23rd May, 2018 P.C.

1.

This is an application for suspension of substantive sentence and releasing the applicant on bail in Sessions Case No.84/2013.

2.

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

3.

The applicant is convicted under Section 312 of the Indian Penal Code and is sentenced to suffer simple imprisonment for three years and to pay a fine of Rs.10,000/- in default of payment of fine to further under go simple imprisonment for six months by the Additional Sessions Judge, Satara in Sessions Case No.84 of 2013 by its Judgment and

2 /4 Order dated 25.4.2018.

4.

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 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.84/2013 on her furnishing PR bond of Rs.25,000/- with one or two solvent local sureties in the like amount.

c) Before her actual release from Jail, the applicant shall deposit the fine amount in the registry of this Trial Court. d) After her release from Jail, the applicant mark her presence before the Trial Court on every first Monday of the month between 11.00 a.m. to 2.00p.m. for a period of one year. If the said first Monday is Court holiday/public holiday the applicant shall mark her presence on immediate next day. e) Application is allowed in the aforesaid terms. (A.S.GADKARI, J.)

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