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Bombay High CourtAPPR/400/2016others disposed off

Mahadeo Nivrutti Tidke v. The State Of Maharashtra

2016-07-14Hon'Ble Justice Revati Mohite Dere4 pages

Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.400 OF 2016 IN REVISION APPLICATION NO.410 OF 2016 Mahadeo Nivrutti Tidke .Applicant Vs.

The State of Maharashtra .Respondent Mr.K.S.Patil, Advocate, for the Applicant Mrs.P.P.Shinde, APP, for the Respondent - State CORAM :

REVATI MOHITE DERE, J.

DATE : 14.07.2016 P.C.

.

Heard learned counsel for the Applicant and the learned APP for the Respondent - State. 2.

The Applicant has been convicted for the offence punishable under Section 279 of the Indian Penal Code and under Section 184 of the Motor Vehicles Act by the learned JMFC, Mangaon, District-Raigad vide the Judgment and Order dated 18.12.2012. The learned JMFC was pleased to sentence the Applicant to suffer R.I. for

three months and to pay a fine of Rs.1,000/-, in default to suffer further R.I. for one month for the offence punishable under Section 279 of the Indian Penal Code and to suffer R.I. for three months and to pay a fine of Rs.1,000/-, in default to suffer further R.I. for one month for the offence punishable under Section 184 of the M.V.Act. In Appeal filed by the Applicant, being Cri.Appeal No.1 of 2013, the learned Additional Sessions Judge, Mangaon, District-Raigad was pleased to confirm the said Judgment and Order of conviction and sentence.

3.

Learned counsel for the Applicant states that the Applicant was on bail both pending the trial as well as pending his Appeal and has not misused his liberty. Since the Appeal has been admitted today by a separate order dated 14.07.2016 and is not likely to be heard in the immediate near future, the Applicant's sentence is suspended and the

Applicant is enlarged on bail on the following terms & conditions:

ORDER

(i) The applicant be enlarged on bail, on executing PR Bond in the sum of Rs.15,000/- with one or two sureties in the like amount;

(ii) The applicant shall report to the concerned officer of the trial Court on the first Friday of every alternate month during Court working hours, till the conclusion of this Appeal;

(iii) The applicant shall inform his latest place of residence and mobile contact number immediately after being released and/or change of residence or mobile details, if any, from time to time to the reporting Court i.e. the trial Court.

4.

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

Parties to act on the authenticated copy of this order.

(REVATI MOHITE DERE, J.)