Bombay High CourtAPPA/756/2018others disposed off

Dattatray Vittal Sable v. The State Of Maharashtra

2018-07-09Hon'Ble Shri Justice A.M. Badar2 pages

(4)APPANo.7562018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.756 OF 2018 IN CRIMINAL APPEAL NO.542 OF 2018 Dattatray Vitthal Sable ...

Applicant V/s.

The State of Maharashtra ...

Respondent .....

Mr.Satyam H. Nimbalkar, Advocate for the Applicant. Mr.A.R.Kapadnis, APP for the Respondent/State. ....

CORAM : A.M.BADAR J.

DATED : 9th JULY 2018.

P.C. :

This is an application for suspension of sentence and releasing the applicant/accused on bail during pendency of the appeal filed by him. He has been convicted of the offence punishable under Section 136 of the Indian Electricity Act read with Section 511 of the Indian Penal Code. He is sentenced to suffer rigorous imprisonment for 18 months apart from direction to pay fine of Rs.5,000/- or to undergo default sentence of three months simple imprisonment. The applicant has also been convicted for the offence punishable under Section 427 read with Gaikwad RD 1/2

(4)APPANo.7562018 Section 511 of the IPC and is sentenced to suffer rigorous imprisonment for 12 months apart from payment of fine of Rs.2,000/- and default sentence of one month. Heard both sides.

Short sentence of imprisonment imposed on the applicant/accused is reported to be suspended by the learned trial Court. It is also reported that the applicant has deposited the entire amount of fine.

In this view of the mater, as the appeal filed by the applicant may not be heard within a short period, the following Order :

ORDER

(i) The substantive sentences imposed on the applicant/accused is suspended and he is directed to be released on bail on his executing P. R. Bond in the sum of Rs.15,000/- and on furnishing one surety in the like amount.

(ii) As a condition of this Order, the applicant/accused should not repeat commission of similar offence in future.

(iii) The application is disposed of accordingly. Digitally signed by Raju Dattatraya Gaikwad Date:

2018.07.09 14:52:32 +0530 Raju Dattatraya Gaikwad (A.M.BADAR J.) Gaikwad RD 2/2