Gurumitsing Kundansingh Bhatti v. The State Of Maharashtra

905-APPA-1294-2016.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1294 OF 2016 IN CRIMINAL APPEAL NO.688 OF 2016 GURUMITSINGH KUNDANSINGH BHATTI )...APPLICANT V/s.

THE STATE OF MAHARASHTRA )...RESPONDENT Mr.Ajay Tripathi, Advocate for the Applicant. Mr.A.R.Kapadnis, APP for the Respondent - State.

CORAM

:

A. M. BADAR DATE :

18th NOVEMBER 2016.

P.C. :

Heard learned counsel for the applicant / accused as well as the learned APP. Perused the order dated 27th October 2016 passed by this court. The applicant / accused has deposited the fine amount before the trial court.

The applicant / accused is convicted of the offences punishable under Section 3 of the M.P.I.D Act, 1999, as well as avk 1/2

905-APPA-1294-2016.doc under Section 420 of the IPC. He is sentenced to suffer simple imprisonment for 2 years and for 1 year respectively for those offences, apart from imposition of fine of Rs.5,000/- and Rs.1,000/- respectively.

Considering short sentence imposed upon the applicant / accused, there is no propriety in keeping him behind the bar till disposal of the appeal, as hearing of the appeal will take sometime. The learned APP is not in a position to state whether State has filed any appeal for enhancement of the sentence. In this view of the matter, following order : i) The application is allowed.

ii) The substantive sentence of imprisonment is suspended during pendency of the appeal and the applicant is directed to be released on same bail with fresh bond.

The application is disposed of accordingly.

(A. M. BADAR, J.) avk 2/2