Maruti Hariba More v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO. 554 OF 2018 WITH CRIMINAL APPLICATION NO.531 OF 2018 WITH CRIMINAL APPLICATION NO. 532 OF 2018 IN CRIMINAL REVISION APPLICATION NO. 554 OF 2018 Mr.Maruti Hariba More ...Applicant

Versus

The State of Maharashtra

...Respondent

----- Mr.P.R.Yadav for the Applicant.

Mrs.Rutuja Ambekar, APP for the Respondent/State. ----- CORAM : MRS. MRIDULA BHATKAR, J.

DATE : 11 OCTOBER 2018 P.C.:

1.

Upon urgent mentioning, taken on production board. 2.

Heard.

3.

Criminal Revision Application is admitted.

CRIMINAL APPLICATION NOS.531 OF 2018 AND 532 OF 2018 4.

These applications are moved for bail and for suspension. The applicant/accused is convicted by the judgment and order dated 9th May, 2013 passed by the learned Judicial Magistrate First Class, Dahiwadi in R.C.C. No. 88 1/3

of 2010 for the offence punishable under Section 304A of the Indian Penal Code and sentenced to suffer rigorous imprisonment for six months and to pay fine of Rs. 500/-. The applicant/accused is convicted for the offences punishable under Sections 279, 337 and 338 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for one month and to pay fine of Rs. 500/- and also convicted for the offence punishable under Section 184 of the Motor Vehicle Act and sentenced to suffer rigorous imprisonment for one month and to pay fine of Rs. 500/-.

5.

Against the said conviction, the applicant/accused has filed Criminal Appeal No. 6 of 2013, which was rejected by the learned Additional Sessions Judge, Vaduj vide judgment and order dated 8th October, 2018. On the date of pronouncement, the applicant/accused was taken in custody and at present he is detained in Satara Central Prison. Hence, these applications. 6.

Learned counsel for the applicant/accused submits that all the offences are bailable. The applicant/accused was on bail throughout the trial and in the appeal period. He further submits that the applicant/accused has no criminal record.

7.

Learned APP submits to the orders of the Court. 2/3

8.

In view of the submissions of the learned counsel and considering the nature of the offences, conviction and as all the offences are bailable, the applications are allowed on the following terms: i) The impugned judgment and sentence dated 9th May, 2013 passed by the learned Judicial Magistrate First Class, Dahiwadi in R.C.C.No. 88 of 2010 is suspended pending the hearing of the Revision Application; ii) The applicant/accused is released on bail upon furnishing bail bond in the sum of Rs.10,000/- with one or two sureties in the like amount; iii) The applicant/accused shall not jump the bail. iv) The applicant/accused shall remain available for the hearing the Revision Application.

9.

Both the applications are disposed of on the above terms. (MRIDULA BHATKAR, J.) 3/3