Damodar Devidas Mehta v. The State Of Maharashtra And ANR

(906)APPR-611-12-16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE SIDE CRIMINAL APPLICATION NO.611 OF 2016 IN CRIMINAL REVISION APPLICATION NO.608 OF 2016 WITH CRIMINAL APPLICATION NO.612 OF 2016 IN CRIMINAL REVISION APPLICATION NO.608 OF 2016 Damodar Devidas Mehta ...

Applicant V/s.

The State of Maharashtra & Anr.

...

Respondents .....

Mr.Afroz A. Siddiqui, Advocate for the Applicant. Ms.A.A.Takalkar, APP for the Respondent/State. ....

CORAM :

P. N. DESHMUKH J.

DATED :

27th OCTOBER 2016.

P.C.

Issue notice to respondents. Learned Additional Public Prosecutor accepts notice on behalf of respondents/State of Maharashtra.

Heard.

These applications are for the grant of bail and for suspension of sentence imposed upon the applicant, who was initially convicted under Section 53(i)(6) of Maharashtra Regional Town Planning Act (In short, "the MRTP Act") by the learned trial Court for a period of one month and to pay fine of Rs.5,000/-, in default to suffer Gaikwad RD 1/2

(906)APPR-611-12-16 simple imprisonment for 15 days whose sentence in appeal filed by State for enhancement was enhanced to one year and maintained same fine amount, which is stated to have been paid. It appears to be the case of prosecution that applicant had constructed illegal construction in the building thereby converting some area of terrace for his personal use of which report was lodged by one Mr.Dhavan and upon inspection carried out by Mr.Rane, Junior Engineer, Bombay Municial Corporation, he came to be issued of the notice for demolition and was prosecuted under the provisions of MRTP Act.

Considering short sentence imposed upon applicant, who is stated to be 70 years old, and since was on bail pending trial and appeal, following order is passed:

i) Applicant shall be released on bail on his executing personal bond in the sum of Rs.15,000/- with one surety in like amount.

ii) Applicants shall mark their presence with Goregaon Police Station once in three months on first day of such month pending revision.

iii) Applicant shall submit proof of his address to the Goregaon Police Station and update the change in address , if any, in future.

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