← Library
Bombay High CourtAPPA/1264/2016others disposed off

Pandurang Mansingh Gunjawate v. The State Of Maharashtra

2016-10-20Hon'Ble Shri Justice P.N. Deshmukh2 pages

(909)APPA-1264-16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE SIDE CRIMINAL APPLICATION NO.1264 OF 2016 IN CRIMINAL APPEAL NO.678 OF 2016 Mr.Pandurang Mansingh Gunjawate ...

Applicant V/s.

The State of Maharashtra ...

Respondent .....

Mr.A.P.Mundargi, Senior Advocate with Mr.Ganesh Bhujbal i/b. Mr.Abhijit B. Kadam, Advocate for the Applicant. Mr.P.H.Gaikwad-Patil, APP for the Respondent/State. ....

CORAM :

P. N. DESHMUKH J.

DATED :

20th OCTOBER 2016.

P.C.

Issue notice to respondent. Learned Additional Public Prosecutor accepts notice on behalf of respondent/State. Heard.

Applicant is seeking bail on the ground that pending trial, he was on bail and maximum sentence imposed upon him is for the offence punishable under Section 354-B of the Indian Penal Code (For short, "the IPC"), which is of three years.

Perused the documents. It is found that applicant is convicted for the offence punishable under section 354-B of the IPC and Gaikwad RD 1/2

(909)APPA-1264-16 is sentenced to suffer rigorous imprisonment for three years and to pay fine of Rs.5,000/-, in default to suffer rigorous imprisonment for three months, and is further convicted for the offence punishable under Section 341 of the IPC by imposing simple imprisonment till rising of the Court and to pay fine of Rs.500/-, in default to suffer simple imprisonment for 15 days.

Considering the fact that applicant was on bail pending trial and maximum sentence imposed upon him is of three years, which, even otherwise, is found to be suspended by the learned Sessions Court, application is allowed as per order below :

(i) Applicant shall be released on bail on his executing personal bond in the sum of Rs.20,000/- with one surety in like amount.

(ii) While on bail, applicant shall mark his presence with Phaltan City Police Station, District Satara once in six months pending appeal.

(iii) Applicant shall produce proof of his address to the Phantan City Police Station, District Satara and communicate the change, if any.

(P. N. DESHMUKH J.) Gaikwad RD 2/2