Umanath Balodhar Yadav v. The State Of Maharashtra
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.522 OF 2016 IN CRIMINAL REVISION APPLICATION NO. 506 OF 2016 Umanath Balodhar Yadav ...Applicant vs The State of Maharashtra
...Respondent
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Mr Ujwal R. Agandsurve for the Applicant.
Mr A.R.Kapadnis, APP for the State.
.....
CORAM : P.N.DESHMUKH, J.
28 SEPTEMBER, 2016 P.C. :
Heard learned counsel for the applicant and learned APP. This application is for suspension of substantive sentence imposed upon the applicant and for grant of bail. Learned counsel for the applicant submits that pending trial as well as appeal, the applicant was on bail and he has not misused liberty granted to him throughout and thus seeks suspension of sentence.
Perused the documents filed along with the application. It appears that the applicant is convicted for the offence p/u/s 279 of IPC and is sentenced to suffer Simple Imprisonment for one month and to pay fine of Rs.500/- in default of payment of fine to suffer Pg 1 of 3
further SI for 15 days. The applicant is further convicted for the offence punishable under Section 304(A) of IPC and sentenced to suffer SI for six months and to pay fine of Rs.2000/- i/d of payment of fine to suffer further SI for 1 month. All the sentences are directed to run concurrently.
Considering the fact that the applicant was on bail pending the trial as well as appeal and that he has not misused liberty granted to him while on bail, and also on considering the sentence imposed on the applicant, as it can termed to be short sentence, the application is liable to be allowed by imposing conditions as per order below;
ORDER
(i) The substantive sentence shall stand suspended; (ii) The applicant shall be released on bail on his executing PR bond in the sum of Rs.15,000/- , with one surety each in the like amount;
(iii) While on bail the applicant shall mark his presence with Yellowgate Police Station,Mumbai once in three months on 1st day of each such month, pending appeal;
(iv) The applicant shall furnish proof of his residential address with said police station and shall update the same if changed in future.
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The application is disposed of accordingly.
( P.N.DESHMUKH J. ) Pg 3 of 3