Bharat Mahadev Vibhute v. The State Of Maharashtra

1/4 nsc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.480 OF 2017 IN CRIMINAL REVISION APPLICATION NO.490 OF 2017 Bharat Mahadev Vibhute ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr.K.S.Patil, for the Applicant.

Mr.S.S.Pednekar, A.P.P for the Respondent-State. CORAM : REVATI MOHITE DERE, J.

DATE : 26th SEPTEMBER, 2017 P.C. :

1.

Heard learned counsel for the parties.

2.

By this application, the applicant seeks suspension of his sentence, pending the hearing and final disposal of the aforesaid Revision Application.

2/4 3.

The applicant, vide Judgment and Order dated 5th July, 2011, passed by learned Judicial Magistrate First Class, Miraj, in Summary Criminal Case No.8354/1994, has been convicted and sentenced as under:- - for the offence punishable under Section 279 of Indian Penal Code, to pay fine of Rs.500/- in default to suffer S.I. for 7 days; - for the offence punishable under Section 304(a) of Indian Penal Code, to suffer S.I. for 2 years;

- for the offence punishable under Section 337 of Indian Penal Code, to pay fine of Rs.500/- in default to suffer S.I. for 7 days; - for the offence punishable under Section 125/177 of Motor Vehicles Act, to pay fine of Rs.500/- in default to suffer S.I. for 7 days; - for the offence punishable under Section 66(1) 192 of Motor Vehicles Act, to pay fine of Rs.500/- in default to suffer S.I. for 7 days. (All the sentences were directed to be run concurrently.) 4.

The said Judgment and Order was confirmed by the learned Additional Sessions Judge, Sangli, in Criminal Appeal No.309 of 2011, vide Judgment and Order dated 24th August, 2017.

3/4 5.

Learned Counsel for the applicant states that the applicant was on bail, pending trial and pending Appeal. He submits that the applicant has not abused or misused the liberty granted to him. 6.

Learned APP does not dispute the aforesaid.

7.

Perused the papers. The Revision Application has been admitted by a separate order passed today and the same is not likely to come up for the hearing in the immediate near future. It is not in dispute that the applicant was on bail pending trial and pending appeal and that he has not abused or misused the liberty granted to him. 8.

Considering the aforesaid, the applicant's sentence is suspended and he is enlarged on bail, pending the hearing and final disposal of the aforesaid Revision Application, on the following terms and conditions :-

ORDER

(i) The Applicant be enlarged on bail on furnishing P.R. Bond in the sum of Rs.15,000/- with one or two sureties in the like amount.

4/4 9.

The Application is allowed in the aforesaid terms and is accordingly disposed of.

10.

All concerned to act on the authenticated copy of this order. (REVATI MOHITE DERE, J.)