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Bombay High CourtAPPA/822/2017bail granted

Madhuri Rajesh Kawa v. The State Of Maharashtra

2017-06-14Hon'Ble Justice Revati Mohite Dere3 pages

1/3 nsc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.822 OF 2017 IN CRIMINAL APPEAL NO.506 OF 2017 Madhuri Rajesh Kawa ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr.Murtaza Nazmi a/w Mr.Jabber Shaikh, Hansa Asher i/b Mr.M.R.Thakker, for the Applicant.

Mr.V.V.Gangurde A.P.P for the Respondent-State CORAM : REVATI MOHITE DERE, J.

DATE : 14th JUNE, 2017 P.C. :

1.

Heard learned counsel for the parties.

2.

By this application the applicant seeks her enlargement on bail, pending the hearing and final disposal of the appeal. 3.

The applicant, vide Judgment and Order dated 12th May, 2017, passed by learned Additional Sessions Judge, Greater Bombay, has been

2/3 convicted and sentenced as under:- − for the offence punishable under Sections 328 of the Indian Penal Code to suffer R.I for 5 years and to pay fine of Rs.10,000/- in default to suffer R.I. for 1 year;

− for the offence punishable under Sections 380 of the Indian Penal Code to suffer R.I for 5 years and to pay fine of Rs.10,000/- in default to suffer R.I. for 1 year;

− for the offence punishable under Sections 342 of the Indian Penal Code to suffer R.I. For 1 year;

(All the sentences are directed to be run concurrently.) 4.

Learned Counsel for the applicant states that the applicant was on bail, pending the trial and that she has not abused or misused the liberty granted to her. The said statement is not disputed by the learned A.P.P. 5.

Perused the papers. The Appeal has been admitted by a separate order passed today and the same is not likely to come up for the hearing in the immediate near future. It is not in dispute that the applicant was on bail pending trial and that she has not abused or misused the liberty

3/3 granted to her.

6.

Considering the aforesaid, the applicant's sentence is suspended and she is enlarged on bail, pending the hearing and final disposal of her Appeal, on the following terms and conditions :

ORDER

(i) The Applicant be enlarged on bail on furnishing P.R. Bond in the sum of Rs.25,000/- with one or two local sureties in the like amount;

(ii) The applicant shall attend the concerned Police Station, once in two months i.e. on the first Monday of that month between 10:00 a.m. to 11:00 a.m.

7.

The Application is allowed in the aforesaid terms and is accordingly disposed of.

8.

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