← Library
Bombay High CourtAPPR/517/2018

Jayashree Sanjay Survase v. The State Of Maharashtra And ANR.

2018-10-15Hon'Ble Mrs. Justice Mridula Bhatkar3 pages

Sherla V.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.517 OF 2018 IN CRIMINAL REVISION APPLICATION NO.536 OF 2018 with CRIMINAL REVISION APPLICATION NO.536 OF 2018 Jayashree Sanjay Survase ... Applicant Vs.

The State of Maharashtra & anr.

... Respondents Mr.S.S. Salunkhe for the Applicant Ms.Rutuja Ambekar, APP, for the Respondent - State CORAM: Mrs.MRIDULA BHATKAR, J.

DATED: OCTOBER 15, 2018 P.C.:

1.

The application for bail is moved as the applicant/accused is convicted for the offence punishable under section 326 of the Indian Penal Code by judgment and order dated 19.5.2010 by the learned JMFC, Mohol in RCC No.232 of 2010. The applicant/accused is sentenced to suffer R.I. for 2 years and payment of fine. Against the order dated 19.5.2010, Criminal Appeal No.76 of 2015 was filed before the learned Sessions

Judge, Solapur which was dismissed by order dated 5.9.2018. Hence, this Revision application.

2.

The learned Counsel for the applicant submits that the applicant is a lady and that she was on bail throughout the trial and appeal. Now, she is in custody since 5.9.2018 and hence, it is prayed that the said judgment and order dated 5.9.2018 be suspended and the applicant/accused be bailed out. 3.

Learned Prosecutor submits to the orders of the Court. 4.

In view of the submissions and nature of the offence, the application is allowed on the following terms: i) The impugned judgment and order dated 19.5.2010 by the learned JMFC, Mohol in RCC No.232 of 2010, is suspended pending revision.

ii) The applicant/accused be released on bail upon furnishing bond in the sum of Rs.15,000/- with one surety in the like amount.

iii) The applicant/accused shall not abuse the bail. iv) The applicant/accused shall furnish details of address and contact numbers to the Investigating Officer.

5.

The application is disposed of on the above terms. 6.

All concerned to act on an authenticated copy of this order. (MRIDULA BHATKAR, J.)