Parvez Khan v. The State Of Maharashtra And ANR

(903)APPANo14302018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1430 OF 2018 IN CRIMINAL APPEAL NO.1036 OF 2018 Parvez Khan ...

Applicant V/s.

The State of Maharashtra & Anr.

...

Respondents .....

Mr.Sachin H. Deokar, Advocate for the Applicant. Mr.P.H.Gaikwad-Patil, APP for the Respondent/State. ....

CORAM : A.M.BADAR J.

DATED : 23rd AUGUST 2018.

P.C. :

This is an application for suspension of sentence and releasing the applicant/accused on bail during pendency of the appeal filed by him.

The applicant / accused is convicted of offences punishable under Section 120-B and 420 of the Indian Penal Code. On each count he is sentenced to suffer imprisonment for three years. The applicant accused is also convicted of offence punishable under Section 468 of the Indian Penal Code for which he is sentenced to suffer imprisonment for two years. The learned Gaikwad RD 1/2

(903)APPANo14302018 Trial Court directed that all substantive sentences shall run concurrently.

Heard the learned Advocate appearing for the applicant/accused. He argued that entire fine amount is already deposited by the applicant/accused. The learned Advocate further submitted that substantive sentence of imprisonment imposed on the applicant has already been suspended by the learned Trial Court.

Short sentence of imprisonment imposed on the applicant is suspended by the learned Trial Court and he is already released on bail. The applicant has already deposited the entire fine amount. Hence the following order;

ORDER

(i) The application is allowed (ii) The substantive sentence of imprisonment imposed on the applicant/accused is suspended and he is directed to be released on bail on his executing P.R. Bond of Rs.15,000/- and on furnishing surety in the like amount (iii) The application is disposed of accordingly.

(A.M.BADAR J.) Raju Dattatraya Gaikwad Gaikwad RD 2/2 Raju Dattatraya Gaikwad Date: 2018.08.23 19:56:58 +0530