Bistu Jania Kamdi v. The Union Of India And ANR

Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.793 OF 2017 IN CRIMINAL APPEAL NO.489 OF 2017 Bistu Jania Kamdi .Applicant Vs.

The Union of India & anr.

.Respondents Mr.K.Ambulkar i/b. Mr.V.Sutaria, Advocate, for the Applicant Ms Deepali Patankar i/b. Mrs.P.H.Kantharia, Advocate, for the Respondent No.1 - UOI Ms Anamika Malhotra, APP, for the Respondent No.2 - State

CORAM

:

REVATI MOHITE DERE, J.

DATE :

07.06.2017 P.C.

.

Heard learned counsel for the parties.

2.

By this Application, the Applicant seeks his enlargement on bail and suspension of his sentence pending the hearing and final disposal of the aforesaid Appeal. 3.

Perused the papers.

4.

The Applicant has been convicted for the offences punishable under Sections 279 and 304A of the Indian Penal

Code vide Judgment and Order dated 04.05.2017 passed by the learned Sessions Judge, Dadra & Nagar Haveli, Silvassa. The maximum sentence imposed on the Applicant under Section 304A of the Indian Penal Code is R.I. for one year. 5.

The Appeal has been admitted by a separate order passed today in the aforesaid Criminal Appeal. The sentence imposed is a short term sentence. Considering the fact, that the Appeal is not likely to be heard in the immediate near future and the fact that the Applicant was on bail pending the trial and has not abused or misused the conditions of bail, the Applicant's sentence is suspended and he is enlarged on bail pending the hearing and final disposal of his Appeal on the following terms & conditions:- O R D E R (i) The Applicant be enlarged on bail, on executing PR Bond in the sum of Rs.10,000/- with one or two sureties in the like amount.

6.

Accordingly, the Application is disposed of on the aforesaid terms.

Parties to act on the authenticated copy of this order. (REVATI MOHITE DERE, J.)