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Bombay High CourtAPPA/1266/2017others disposed off

Rajendrakumar Brijkishor Kori v. The State Of Maharashtra

2017-09-18Hon'Ble Shri Justice A.M. Badar2 pages

10-APPA-1266-2017.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1266 OF 2017 IN CRIMINAL APPEAL NO.755 OF 2017 RAJENDRAKUMAR BRIJKISHOR KORI )...APPLICANT V/s.

THE STATE OF MAHARASHTRA )...RESPONDENT Mr.Rahul Arote, Advocate for the Applicant.

Mr.S.V.Gavand, APP for the Respondent - State.

CORAM

:

A. M. BADAR, J.

DATE :

18th SEPTEMBER 2017 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.

Heard the learned advocate appearing for the applicant / accused as well as the learned APP appearing for the State. Perused the impugned judgment and order of conviction. avk 1/2

10-APPA-1266-2017.doc The applicant / accused is convicted of the offence punishable under Section 335 read with 34 of the Indian Penal Code and he has been sentenced to suffer rigorous imprisonment for 1 year apart from directing him to pay fine of Rs.1,000/-, in default to undergo further simple imprisonment of fifteen days. The substantive sentence of imprisonment imposed on the applicant / accused is already suspended by the learned trial court. There is no possibility of hearing the appeal filed by the applicant / accused in the near future. Considering the short sentence imposed on the applicant / accused, the following order :

ORDER

i) The application is allowed.

ii) Substantive sentence imposed upon the applicant / accused is suspended and the applicant / accused is directed to be released on bail on his executing P.R.Bond in the sum of Rs.15,000/- and on furnishing surety in like amount.

(A. M. BADAR, J.) avk 2/2