Vinod Vijay Dabhade v. The State Of Maharashtra

509.APPA755_2019.doc Vidya Amin.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 755 OF 2019 IN CRIMINAL APPEAL NO. 704 OF 2019 Vinod Vijay Dabhade ...

Applicant vs.

The State of Maharashtra ...

Respondent Mr. Pranav Avhad, Advocate for the applicant. Mr. A.R. Patil, APP for the respondent/State. CORAM: Mrs.MRIDULA BHATKAR, J.

DATED: 3rd May, 2019 P.C. :

Upon mentioning, taken on production board.

2.

In this Appeal, this Application is moved by the applicant/accused for suspension of sentence and for bail. By the judgment and order dated 1st March, 2019 passed by the learned Additional Sessions Judge, City Civil and Sessions Court, Greater Bombay, the applicant/accused is convicted for the offences punishable under sections 332, 365 and 394 r/w. 34 of the Indian Penal Code and is sentenced to suffer rigorous imprisonment for three years under each head and total fine of Rs.25,000/-. 3.

The learned counsel for the applicant submitted that the

509.APPA755_2019.doc applicant/accused has deposited total fine amount of Rs.25,000/-. The learned counsel submitted that accused no. 2 is granted bail by this Court on 2nd May, 2019 was on bail. The learned counsel submitted that the applicant/accused have good case on merits and therefore, prays for suspension of sentence and for bail. 4.

Learned Prosecutor is present and submits to the orders of the Court.

5.

In view of the submissions of the learned Counsel for the applicant and also as there is no chance that the Appeal will be heard in near future, the Application is allowed on the following terms:

i) The applicant/accused has furnished surety of Rs.20,000/-, hence the applicant is released on bail on the same bail amount and same surety;

(ii) The sentence is suspended, pending the Criminal Appeal;

iii) The applicant/accused shall not indulge into any criminal activity.

6.

Criminal Application stands disposed of accordingly. (MRIDULA BHATKAR, J.)