Tukaram Malhari Fad v. The State Of Maharashtra

1/3 nsc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.664 OF 2016 (FOR BAIL) IN CRIMINAL REVISION APPLICATION NO.648 OF 2016 WITH CRIMINAL APPLICATION NO.665 OF 2016 (FOR SUSPENSION) IN CRIMINAL REVISION APPLICATION NO.648 OF 2016 Tukaram Malhari Fad ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr.Sathyanarayanan, for the Applicant.

Mr.A.R.Kapadnis, APP for the Respondent-State. CORAM : REVATI MOHITE DERE, J.

DATE : 8th DECEMBER, 2016 P.C. :

1.

Heard learned counsel for the applicant and the learned APP. 2.

The applicant, has been convicted by the learned Judicial Magistrate First Class, Court No.8, Nashik in RCC No.1149 of 2006 vide Judgment and Order dated 30th September, 2011, for the offence punishable under Sections 420, 406 of the Indian Penal Code and is

2/3 sentenced to suffer S.I for 1 year. The applicant was also sentenced to suffer S.I for 6 months for the offence punishable under Section 170 of Indian Penal Code. In appeal, the Appellate Court vide Judgment and Order dated 11th November, 2016, was pleased to confirm the conviction and sentence awarded by the trial Court.

3.

Learned Counsel for the applicant states that the applicant was on bail, pending trial and pending his appeal and that he has not misused or abused the liberty granted to him. He submits that the Revision Application is not likely to come up for the hearing in the immediate near future. He submits that the applicant is presently in custody since 11th November, 2016.

4.

Perused the papers. The Revision Application has been admitted by a separate order passed today and the same is not likely to come up for the hearing in the immediate near future. It is not in dispute that the applicant was on bail, pending trial and pending his appeal and that he has not misused or abused the liberty granted to him.

3/3 5.

Considering the aforesaid, the application is allowed and the applicant is enlarged on bail, pending the hearing and final disposal of the Revision Application, on the following terms and conditions :

ORDER

(i) The Applicant be enlarged on bail on furnishing P.R. Bond in the sum of Rs.15,000/- with one or two sureties in the like amount; (ii) The applicant shall inform his latest place of residence and mobile contact number immediately after being released and/or change of residence or mobile details, if any, from time to time to the trial Court and to the concerned Police Station, in writing. 6.

The Application is allowed in the aforesaid terms and is accordingly disposed of.

7.

In view of the disposal of the Criminal Application No.664 of 2015, the Suspension Application being Criminal Application No.665 of 2016 does not survive and the same is also disposed of. 8.

All concerned to act on the authenticated copy of this order. REVATI MOHITE DERE, J.