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Bombay High CourtAPPR/520/2017others disposed off

Bharat Bhagwat Hajare v. The State Of Maharashtra

2018-09-03Hon'Ble Shri Justice A.S. Gadkari2 pages

APPR.520.2017.doc Dond

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 520 OF 2017 IN REVISION APPLICATION NO. 530 OF 2017 Bharat Bhagwat Hajare ..Applicant Vs The State of Maharashtra ..Respondent ----- Mr. Sachin Deokar I/b V.V. Purwant for applicant. Ms. Veera Shinde, APP for State.

------ CORAM : A.S.GADKARI, J.

DATE : 3rd September 2018.

P.C.:

1] This is an application for suspension of sentence and for releasing the applicant on bail.

2] Heard the learned Counsel for the applicant and the learned APP. Perused the record.

3] The applicant is convicted under Section 279 and 304A of the Indian Penal Code and under section 184 of the Motor Vehicles Act and is sentenced to suffer simple imprisonment of three months and to pay total fine of Rs.1700/-, by the learned Judicial Magistrate First Class, Solapur in Regular Criminal Case No.1843 of 2006 by its Judgment and Order dated 1/2

APPR.520.2017.doc 14.9.2009.

Criminal Appeal bearing No. 65 of 2009 preferred by the applicant has been dismissed by the learned Additional Sessions Judge, Solapur by its Judgment and Order dated 26th September 2017. 4] As the maximum sentenced imposed upon the applicant is of three months of simple imprisonment, I am inclined to release the applicant on bail.

Hence the following Order:

(i) During the pendency of the Revision, the substantive sentence imposed upon the applicant is suspended.

(ii) During the pendency of the Revision, the applicant be released on bail on his furnishing PR bond in the sum of Rs.15,000/- with one or two local sureties in the like amount.

(iii) Applicant shall not tamper with evidence and/or influence the prosecution witnesses.

5] Application is allowed in the aforesaid terms. (A.S.GADKARI, J.) 2/2