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Bombay High CourtAPPR/255/2019

Satyajit Pandurang More v. The State Of Maharashtra

2019-04-26Hon'Ble Mrs. Justice Mridula Bhatkar3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 255 OF 2019 IN CRIMINAL REVISION APPLICATION NO. 246 OF 2019 Satyajit Pandurang More ...Applicant

Versus

The State of Maharashtra

...Respondent

......

Mr.Venkatesh A. Shastry for the Applicant.

Mr. N.B. Patil, APP for the Respondent-State. ......

CORAM : MRS. MRIDULA BHATKAR, J.

DATE : 26 APRIL 2019 P.C.:

1.

This Criminal Application is moved by the applicant/accused for suspension of sentence and bail. The applicant/accused is convicted for the offences punishable under sections 279, 304A, 337, 338 of the Indian Penal Code and section 184 of the Motor Vehicle Act and the maximum sentence is imposed of six months S.I. and directed to pay fine amount of each count of the offence by judgment and order dated 2nd February, 2015 passed by the learned Judicial Magistrate First Class, Gargoti. The 1/3

said order was challenged in Criminal Appeal No. 21 of 2015. The said Appeal was dismissed by judgment and order dated 27th March, 2019 passed by the learned Sessions Judge, Kolhapur. 2.

The learned Counsel for the applicant/accused has submitted that the applicant/accused is outside. Further, the applicant/accused was on bail throughout the trial and appeal. Hence, he prays that the bail be granted to the applicant/accused and sentence be suspended. 3.

The learned Public Prosecutor is present and submits to the order of this Court.

4.

Heard. 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 impugned sentence is suspended, pending Revision Application;

(ii)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;

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(iii) The applicant/accused shall not jump the bail; (iv) The applicant/accused shall make himself available at the time of hearing of Revision Application.

5.

Issue notice to the respondent in Criminal Revision Application, returnable on 6th June, 2019.

6.

Criminal Application is disposed of on above terms. (MRIDULA BHATKAR, J.) 3/3