Suyesh @ Joy Satish Dixit v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1177 OF 2015 IN CRIMINAL APPEAL NO.828 OF 2012 Mr. Suyash @ Joy Satish Dixit ..Applicant.

Versus

The State of Maharashtra ..Respondent.

Ms. Mallika A. Ingale, advocate for applicant. Mrs. M.M.Deshmukh, APP for the State.

Coram : RANJIT MORE & R.G.KETKAR, JJ.

Date : 23rd September, 2015.

P. C. :

The learned counsel for the applicant, at the outset, seeks leave to amend prayer clauses. Necessary amendment shall be carried out forthwith.

Heard.

By this application, applicant seeks temporary bail in order to appear S.Y.B.A. (First Term) examination which is scheduled to commence from 29.9.2015 to 7.10.2015. It appears that applicant has earlier filed criminal application no.1368 of 2013 for his release when the applicant was intending to appear for H.S.C. Examination. Applicant was released on bail and there are no allegations against him that he had Shivgan 1/3

misused the discretion given by this Court. Applicant thereafter filed Criminal Application No.1507 of 2014 when he was intending to appear for F.Y.B.A. Mid Term Examination. By the order dated 24.11.2014, he was granted temporary bail in order to enable him to appear for F.Y.B.A. Mid Term Examination for the period from 25.11.2014 till 1.12.2014.

Applicant is life convict. His appeal is pending since 2012. It is not likely that his appeal would be heard within a short time. In these circumstances, we allow the application for release of applicant on temporary bail in order to enable him to appear for S.Y.B.A. First Term Examination commencing from 29.9.2015 till 7.10.2015. Accordingly, substantive sentence of imprisonment is temporarily suspended and the applicant is released on bail on his furnishing cash security of Rs.10,000/- in the trial Court. Applicant is released on temporary bail from 29.9.2015 to 7.10.2015 and shall surrender to his bail on 8.10.2015 before 5.00 p.m. Parties to act upon an authenticated copy of this order.

[R.G.KETKAR, J.] [RANJIT MORE, J.] Shivgan 2/3

CERTIFICATE Certified to be true and correct copy of the original signed judgment/order.

Shivgan 3/3