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Bombay High CourtAPPR/503/2017

Annasaheb Kashinath Patil v. The State Of Maharashtra

2017-09-26Hon'Ble Justice Revati Mohite Dere4 pages

1/4 nsc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.503 OF 2017 (For Bail) IN CRIMINAL REVISION APPLICATION NO.511 OF 2017 Annasaheb Kashinath Patil ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr.Sanjeev Kadam i/b Mr.S.A.Kashid, 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.

3.

The applicant vide Judgment and Order dated 19th September,

2/4 2014, passed by learned Judicial Magistrate First Class, Khed in S.C.C.No.227/2012, has been convicted and sentenced as under:- - for the offence punishable under Section 304(a) of Indian Penal Code, to suffer R.I for 2 years and to pay fine of Rs.500/- in default to suffer R.I. for 30 days;

- for the offence punishable under Section 279 of Indian Penal Code, to suffer S.I for 2 months and to pay fine of Rs.100/- in default to suffer R.I. for 10 days;

- for the offence punishable under Section 337 of Indian Penal Code, to suffer S.I for 2 months and to pay fine of Rs.100/- in default to suffer R.I. for 10 days;

- for the offence punishable under Section 338 of Indian Penal Code, to suffer R.I for 6 months and to pay fine of Rs.500/- in default to suffer R.I. for 30 days;

- for the offence punishable under Section 184 of Motor Vehicles Act, to suffer S.I for 1 month and to pay fine of Rs.500/- in default to suffer R.I. for 10 days.

(All the sentences were directed to be run concurrently.)

3/4 4.

The applicant was however acquitted of the offence punishable under Section 427 of the Indian Penal Code and under Section 201 of Motor Vehicles Act.

5.

The said Judgment and Order was confirmed by the learned Additional Sessions Judge, Khed, in Criminal Appeal No.28 of 2014, vide Judgment and Order dated 21st September, 2017. 6.

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

7.

Learned APP does not dispute the aforesaid.

8.

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.

4/4 9.

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. 10.

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

11.

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