Kiran Tatyaba Nandale v. The State Of Maharashtra

Tilak 1/2 (18)APPA-1181-16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1181 OF 2016 IN CRIMINAL APPEAL NO.635 OF 2016 Kiran Tatyaba Nandale .. Applicant

Versus

The State of Maharashtra .. Respondent --- Mr.Balwant Salunkhe with Mr.Satyavrat Joshi, Advocate for the applicant.

Mr.P.H.Gaikwad Patil, APP for the Respondent State. --- CORAM : P.N. DESHMUKH, J DATED : 4th OCTOBER, 2016 --- P.C. :

This application is filed for suspension of substantive sentence and for grant of bail. Learned counsel for the applicant has placed on record a copy of the order of the Sessions Court, suspending sentence. Same is taken on record. Heard learned counsel for the applicant and learned APP.

It is submitted that applicant was on bail pending trial, and on being convicted for the offence u/s.323 IPC, his sentence is already suspended by the learned Sessions Court by its order dated 20th September 2016 till the Appeal period is over. Appeal is filed on 23rd September 2016. Applicant is found

Tilak 2/2 (18)APPA-1181-16 convicted for the offence punishable u/s.323 IPC and is sentenced to suffer RI for one year and to pay fine of Rs.1,000/- in default ot suffer SI for three months.

Considering the short sentence imposed upon applicant and sentence already suspended by the learned Sessions Court, application is allowed as per order below.

O R D E R

(i) 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.

(ii) On being released on bail, applicant shall mark his presence with Phalton Taluka Police Station once in three months on first day of each such month.

(iii) Applicant shall provide proof of his residential address, and shall update the same with the Investigating Officer if there is change in his residence in future.

(P.N.DESHMUKH, J)