Bombay High CourtAPPR/523/2016others disposed off

Janardan Rama Patil v. The State Of Maharashtra

2016-09-08Hon'Ble Shri Justice P.N. Deshmukh2 pages

Tilak 1/2 (P1)APPR-523-16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.523 OF 2016 IN CRIMINAL REVISION APPLICATION NO.509 OF 2016 Janardhan Rama Patil .. Applicant

Versus

The State of Maharashtra .. Respondent --- Ms.Mallika A. Ingale, Advocate for the applicant. Ms.V.S.Mhaispurkar, APP for the Respondent State. --- CORAM : P.N. DESHMUKH, J DATED : 8th SEPTEMBER 2016 --- P.C. :

This is an application for suspension of substantive sentence imposed upon applicant and for grant of bail. Heard learned counsel for both the sides.

Applicant is found convicted by the learned trial Court and is sentenced to suffer SI for 2 years and to pay fine of Rs.5,000/- in default to suffer SI for three months for offence punishable u/s.326 of IPC. Appellate Court partly allowed the Appeal and had reduced the sentence for the offence punishable u/s.326 IPC to one year and maintained the fine amount of Rs.5,000/-.

Tilak 2/2 (P1)APPR-523-16 It appears to be the case of prosecution that applicant on being indulged in scuffle, complainant caused grievous injuries as he has taken bite of his right ear due to which the ear lobe is severely injured. The quarrel was informed by informant's wife. Admittedly, applicant was on bail, pending trial and it is no case of prosecution that while on bail, applicant has misused liberty granted to him. Even otherwise, sentence awarded to applicant can termed to be short sentence, Thus, Applications are liable to be allowed as per order below.

O R D E R

Applicant shall be released on bail on his executing P.R. Bond in the sum of Rs.15,000/- with one surety in like amount, pending revision.

Applicant shall mark his presence with Virar Police Station once in three months, pending appeal. Applicant shall produce proof of his residence to the concerned police station and shall inform change of address, if any.

Parties to act on a copy of this order duly authenticated by the Sheristedar of this Court. (P.N. DESHMUKH, J)