← Library
Bombay High CourtAPPA/936/2016bail granted

Pravin Chandrakant Jachak And ANR v. The State Of Maharashtra

2016-08-03Hon'Ble Shri Justice A.S. Gadkari2 pages

Dond 1/2 appa.934-2016.sxw FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 936 OF 2016 WITH CRIMINAL APPLICATION NO. 934 OF 2016 IN CRIMINAL APPEAL NO. 517 OF 2016 Pravin Chandrakant Jachak & Anr. Vs. The State of Maharashtra ----------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders.

----------------------------------------------------------------------------------------------------------------- Mr. Arjun Kode for applicants.

Ms. Anamika Malhotra, APP for State.

CORAM : A.S. GADKARI, J.

DATE : 3rd August 2016.

P.C.:

1) Heard the learned counsel for the applicants and the learned APP. 2) The aforestated two applications are for suspension of substantive sentence and releasing applicants on bail.

3) The applicants are convicted under Section 354D read with Section 34, under Section 509 read with 34 of the Indian Penal Code and under Section 12 of the Protection of Children From Sexual Offences Act, 2012 and sentenced to suffer maximum rigorous imprisonment for one year and to pay fine of Rs.3500/- each totaling to Rs.7000/- by the Special Judge and District Judge, Pune in Special (Child) Sessions Case No.08 of 2015 by its

Dond 1/2 appa.934-2016.sxw Judgment and Order dated 22.06.2016. The learned counsel for the applicants submitted that applicants have deposited the fine amount before the Trial Court. He submitted that the applicants were on bail during pendency of the trial and there is no report of breach of any conditions imposed upon him.

4) The maximum substantive sentence imposed upon the applicants is of one year of rigorous imprisonment for each. This is a short term sentence. During the pendency of the trial, the applicants were on bail. In view of the same, I am inclined to release the applicants on bail. 5) Hence, the following Order:

(i) The applicants be released on bail on their furnishing PR bond of Rs.25,000/- each with one or two local solvent sureties in the like amount.

(ii) The applicants shall attend the Trial Court once in three months on every 1st Monday during 11.00 to 2.00 p.m. (iii) Any two consecutive defaults in attending the Trial Court shall attract the provisions of cancellation of bail; (iv) Applications are allowed in the aforesaid terms. (v) All concerned to act on authenticated copy of this Order. (A.S. GADKARI, J.)