Bombay High CourtAPPR/560/2016others disposed off

Ninoy Rambhai Patel v. The State Of Maharashtra

2016-09-29Hon'Ble Shri Justice P.N. Deshmukh3 pages

Tilak 1/3 (P3)APPR-560-16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.560 OF 2016 IN CRIMINAL REVISION APPLICATION NO.540 OF 2016 Ninoy Rambhai Patel .. Applicant

Versus

The State of Maharashtra .. Respondent --- Ms.Bhakti Marathe with Manas Gawankar and Swapnil Patil, Advocate for the applicant.

Ms.V.S.Mhaispurkar, APP for the Respondent State. --- CORAM : P.N. DESHMUKH, J DATED : 29th SEPTEMBER 2016 --- P.C. :

Issue notice to respondent. Learned APP accept notice on behalf of respondent State.

Heard.

Learned counsel for the applicant seeks suspension of substantive sentence of Imprisonment imposed applicant and for his release on bail, contending that applicant is convicted for a short term of sentence of three months and that pending trial, applicant was on bail. He further prays that application be allowed by imposing suitable conditions.

Tilak 2/3 (P3)APPR-560-16 It is found that applicant came to be convicted by the learned Magistrate's Court u/s.279 IPC and is sentenced to suffer SI for three months and to pay fine of Rs.1,000/- in default to suffer SI for 15 days. Applicant is further found to be convicted for the offence punishable u/s.427 IPC and is sentenced to suffer SI for 3 months and to pay fine of Rs.1,000/- in default to suffer SI for 15 days.

Appeal preferred against above conviction is stated to be dismissed on 28th September 2016. Accused is accordingly taken into custody.

Having considering the sentence imposed as aforesaid which can be termed to be short sentence and as applicant, pending trial, was on bail, 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) While on bail, applicant shall mark his presence with Vikhroli Police Station once in three months on first day of each month.

(iii) Applicant shall furnish proof of his residence with said Police Station and shall update the same in the event there is change in his residential address.

(iv) Applicant shall be released on provisional cash bail of Rs.15,000/- upto 13th October 2016.

Tilak 3/3 (P3)APPR-560-16 Parties to act on a copy of this order duly authenticated by the Sheristedar of this Court. (P.N.DESHMUKH, J)