Wahid Abdulgani Bagwan v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 511 OF 2018 IN CRIMINAL REVISION APPLICATION NO.533 OF 2018 Wahid Abdulgani Bagwan ...Applicant

Versus

The State of Maharashtra

...Respondent

......

Mr.Nagesh Y. Chavan for the Applicant.

Mrs.Rutuja Ambekar, APP for the Respondent - State. ......

CORAM: MRS.MRIDULA BHATKAR, J.

DATED : OCTOBER 25, 2018 P.C.:

1.

Upon urgent mentioning, taken on production board. 2.

The applicant/accused is convicted for the offences punishable under Sections 279 and 304A of the Indian Penal Code and is sentenced to suffer S.I. for one month and to pay fine of Rs. 500/- under each head. He is also convicted for the offence punishable under Section 184 of the Motor Vehicles Act and is sentenced to suffer S.I. for one month and to pay fine of Rs. 500/- by the judgment and order dated 18th April, 2013 passed by the learned Judicial Magistrate First Class, Miraj. Trupti Page 1 of 3

Against the said judgment and order, the applicant/accused preferred Criminal Appeal No. 116 of 2013. The learned Additional Sessions Judge, Sangli by the judgment and order dated 6th August, 2018 has confirmed the conviction given by the learned Judicial Magistrate First Class, Miraj and dismissed the Appeal.

3.

The learned counsel for the applicant/accused has submitted that after confirmation of the said sentence, the learned Ad-hoc District Judge-1, Sangli by order dated 6th August, 2018 has suspended the sentence for the period of 90 days from the date of the order and the applicant/accused was granted temporary bail. He has further submitted that the said bail is to be confirmed and the order of suspension is also to be confirmed. He has further submitted that the applicant/accused was on bail throughout the trial and appeal period and that the applicant/accused has good case on merits.

4.

The learned APP submits to the order of the Court. 5.

In view of the submission of the learned counsel for the applicant/accused and considering the nature of the offence and the applicant was on bail throughout the trial and appeal period, the Application for bail is allowed with following order: Trupti Page 2 of 3

ORDER

The sentence is suspended till final hearing and disposal of the Criminal Revision Application and also the order of granting bail by the learned Ad-hoc District Judge-1 Sangli vide order dated 6th August, 2018 is extended till final hearing and disposal of the Criminal Revision Application. CRIMINAL REVISION APPLICATION NO.533 OF 2018 6.

List as per C.M.I.S. date.

(MRIDULA BHATKAR, J.) Trupti Page 3 of 3