Rameshwar Sukkar Sahu v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION Cr. Application No 1287 of 2015 IN Cr. Appeal No 956 of 2015 RAMESHWAR SUKKAR SAHU ...Applicant V/S THE STATE OF MAHARASHTRA ...Respondent.

....

Mr. Neville D. Deboo i/b. Abhay B. Bhoir, Advocate for Applicant. Mr. A.R. Patil, APP, for the State.

....

CORAM : A. R. JOSHI, J.

DATE : 21st OCTOBER, 2015 P.C.

1.

Heard rival submissions on this application for bail/suspension of the substantive sentence during pendency of appeal. Appeal is already admitted.

2.

The applicant is original accused No.1 and is convicted for the offence punishable under Section 489-B and 489-C of IPC and respectively sentenced to suffer RI for four years and three years with fine of Rs.10,000/- each. Out of total eight initial accused persons, one was discharged and six were acquitted and only present applicant/accused No.1 is convicted 1 / 3

for having found in possession of fake currency notes of the denominations of Rs.1000/-, Rs.500/- and Rs.100/-. The total quantum of the fake currency notes was to the extent of more than Rs.4 Lakhs.

3.

During the trial the applicant/appellant was on bail after his initial custody for about two years and six months. Now after conviction, he is in custody since 2.9.2015. Maximum punishment awarded is four years and six months for offence under Section 489-B of IPC. Out of this sentence, the applicant had already undergone 2 years 7 months and 20 days. The appeal will take much time for final adjudication. Reportedly during pendency of the trial, the applicant had not misused his liberty.

4.

Considering these circumstances, present application is disposed of with certain conditions. The application is allowed. The applicant be released on same bail as granted by the trial Court with fresh bonds to be executed before the trial Court. The bail order shall be effective only after deposit of entire fine amount. After availing the bail, the applicant shall attend concerned police station on first Sunday of each month 2 / 3

till conclusion of the appeal so that whereabouts of the applicant/appellant can be ascertained during pendency of appeal and considering his conviction in the matter involving fake Indian currency notes. With these directions, application is disposed of.

( A. R. JOSHI, J.) Deshmane (PS) 3 / 3