← Library
Bombay High CourtAPPR/312/2019

Raju@Rajendra Pandurang More v. The State Of Maharashtra

2019-06-19Hon'Ble Shri Justice A.S. Gadkari3 pages

CRP 1 917-APPR-312-2019 .doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 312 OF 2019 IN CRIMINAL REVISION APPLICATION NO. 304 OF 2019 Raju @ Rajendra Pandurang More ...

Applicant V/s.

The State of Maharashtra ...

Respondent Mr. Sandeep Mishra for the Applicant.

Mr. R. M. Pethe, APP, for the Respondent-State. CORAM : A. S. GADKARI, J.

DATE : 19th JUNE, 2019.

P.C.:- 1] This is an application for suspension of sentence and for releasing the applicant on bail.

2] The applicant has been convicted under section 420 and 419 of the Indian Penal Code and is sentenced to suffer six months of Simple Imprisonment and pay a fine of Rs.1,000/- by the learned Judicial Magistrate First Class, Wada, District- Thane in R.C.C. No.19/2015 by its Judgment and Order dated 30/05/2016. 3] Criminal Appeal bearing No.104 of 2016 preferred by the applicant has been dismissed by the learned Additional Session Judge, 1/3

CRP 2 917-APPR-312-2019 .doc Thane by its Order dated 26/04/2019.

4] As the maximum sentence imposed upon the applicant is six months of simple imprisonment and the possibility of the present Revision being heard on its own merits in near future is remote, I am inclined to suspend the substantive sentence imposed upon the applicant and release him on bail.

Hence the following Order :

(i) During the pendency of the present Revision, the substantive sentence imposed upon the applicant is suspended. (ii) During the pendency of the Revision, the applicant be released on bail on his furnishing PR bond in the sum of Rs.10,000/- with one or two local sureties in the like amount. (iii) The procedure for the bail be completed before the Trial Court i.e. Judicial Magistrate First Class, Wada, District-Thane. (iv) After his release from jail, the applicant shall attend the Court of the learned Judicial Magistrate First Class, Wada, DistrictThane on every 1st Monday of the every third month between 11.00 a.m. to 2.00 p.m. to mark his presence.

If the 1st Monday of the said month falls on a holiday and/or non Court working day, the applicant shall mark his presence 2/3

CRP 3 917-APPR-312-2019 .doc immediately on the next working day.

5] Application is allowed in the aforesaid terms. All the concerned to act on authenticated copy of this Order.

(A.S. GADKARI, J.) 3/3