Appa Bhika Sanap v. The State Of Maharashtra

1/3 nsc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.895 OF 2017 IN CRIMINAL APPEAL NO.547 OF 2017 Appa Bhika Sanap ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr.N.R.Bubna, for the Applicant.

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

DATE : 5th JULY, 2017 P.C. :

1.

Heard learned counsel for the parties.

2.

By this application, the applicant seeks suspension of his sentence and enlargement on bail, pending the hearing and final disposal of the appeal.

3.

The applicant vide Judgment and Order dated 8th June, 2017,

2/3 passed by learned Additional Sessions Judge, Malegaon, in Session Case No.49 of 2015, has been convicted and sentenced as under:- - for the offence punishable under Section 306 of the Indian Penal Code, to suffer R.I for 2 years and to pay fine of Rs.25,000/- in default to suffer S.I. for 3 months;

- for the offence punishable under Section 498A of the Indian Penal Code, to suffer R.I for 6 months and to pay fine of Rs.1,000/- in default to suffer S.I. for 1 month;

( Both 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 he has not abused or misused the liberty granted to him. He further submitted that the applicant's sentence was suspended after his conviction.

5.

Learned APP does not dispute the aforesaid.

6.

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

3/3 hearing in the immediate near future. It is not in dispute that the applicant was on bail pending trial and that he has not abused or misused the liberty granted to him. The sentence awarded is a short term sentence. 7.

Considering the aforesaid, 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 and conditions :

ORDER

(i) The Applicant be enlarged on bail on furnishing P.R. Bond in the sum of Rs.15,000/- with one or two sureties in the like amount. 8.

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

9.

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