Jananabai Bhanudas Jogandad v. The State Of Maharashtra

rpa 1/3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.262 OF 2018 (For Bail) WITH CRIMINAL APPLICATION NO.263 OF 2018 (For Stay) IN CRI. REVISION APPLICATION NO.293 OF 2018 Smt.Jananabai Bhanudas Jogandad .. Applicant Vs.

State of Maharashtra .. Respondent ......

Mr.R.A. Shaikh, Advocate for the Applicant.

Mr.Y.M. Nakhwa, APP for the Respondent - State. ......

CORAM : PRAKASH D. NAIK, J.

DATED :

JUNE 13, 2018.

P.C. :

The applicant is convicted for an offence punishable under Section 191 read with 193 of Indian Penal Code (IPC) and was sentenced to suffer R/I for one year and ordered to pay a fine of Rs.2,000/- vide judgment and order dated 28th January, 2014, passed by the learned Addl. Chief Metropolitan Magistrate 37th Court, Esplanade, Mumbai. The said order was challenged before the Sessions Court by preferring Criminal Appeal No.311 of 2014, which was dismissed. However, the sentence of one year was reduced to R/I for six months.

rpa 2/3 Learned advocate for the applicant submits that the applicant has surrendered before the trial Court on 11th June, 2018. He produced the order passed by the learned trial Court below Surrender Application dated 11th June, 2018. It is submitted that the applicant was on bail during the trial and also during the pendency of the Appeal. The applicant is a lady and she has been sentenced to undergo imprisonment for six months. In the circumstances, the sentence imposed by the Courts below can be suspended and the applicant may be released on bail.

Hence, I pass the following order:

:: O R D E R ::

(i) Pending the hearing and final disposal of Revision Application Nos.293 of 2018, the sentence of imprisonment awarded by the Court of Additional Chief Metropolitan Magistrate 37th Court, Esplanade, Mumbai vide judgment and order dated 28th January,

rpa 3/3 2014, passed in C.C. No.119/PW/2009, which was reduced by the Appellate Court vide judgment and order dated 13th March, 2017 passed in Criminal Appeal No.311 of 2014, is suspended and the applicant is directed to be released on bail on furnishing P.R. Bond in the sum of Rs.10,000/- with one or more sureties in the like amount;

(ii) The applicant is permitted to furnish cash security in lieu of surety in the sum of Rs.10,000/- for a period of four weeks;

(iii) Criminal Applications are disposed of accordingly.

(PRAKASH D. NAIK, J.)