Bapu Namedo Deore v. The State Of Maharashtra

Sherla V.

appa.719.2019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.719 OF 2019 IN CRIMINAL APPEAL NO.683 OF 2019 Bapu Namdeo Deore ... Applicant Vs.

The State of Maharashtra ... Respondent Mr.M.N. Sandhyanshiv for the Applicant Mr.N.B. Patil, APP, for the Respondent - State CORAM: Mrs.MRIDULA BHATKAR, J.

DATED: MAY 3, 2019 P.C.:

1.

Upon urgent mentioning, taken on Production Board. 2.

The applicant/accused is convicted under section 325 of the Indian Penal Code alongwith other sections and the maximum punishment awarded is 3 years. Hence, this appeal and application for bail and suspension of impugned sentence. 3.

The learned Counsel appearing for the applicant/accused submits that the accused No.1 has deposited the amount of fine of Rs.10,000/- in the Court and is sentenced to suffer 3 years' imprisonment. The said sentence was suspended by the trial

appa.719.2019.doc Court by its order dated 10.4.2019, till the appeal period. Now, the present appeal is filed and it is prayed that the impugned sentence be suspended pending the Appeal.

4.

Learned Prosecutor submits to the orders of the Court. 5.

In view of the submissions of the learned Counsel and also as there is no chance that the Appeal will be heard in near future, the Appeal is admitted and the Criminal Application No.719 of 2019 is allowed on the following terms:

i) The applicant/accused shall be released on the same bail of Rs.15,000/- with fresh Bond;

ii) The impugned judgment and sentence is suspended pending appeal;

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

6.

Criminal Application stands disposed of accordingly. 7.

All concerned to act on an authenticated copy of this order. (MRIDULA BHATKAR, J.)