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Bombay High CourtAPPR/675/2016others disposed off

Vasant Sampat Patil v. The State Of Maharashtra

2016-12-21Hon'Ble Justice Revati Mohite Dere3 pages

1/3 nsc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.675 OF 2016 IN CRIMINAL REVISION APPLICATION NO.697 OF 2016 Vasant Sampat Patil ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr.V.V.Salunke, for the Applicant.

Mr.S.V.Gavand, A.P.P for the Respondent-State CORAM : REVATI MOHITE DERE, J.

DATE : 21st DECEMBER, 2016 P.C. :

1.

Heard learned Counsel for the applicant and the learned A.P.P. 2.

The applicant has been convicted by the learned 3rd Joint Judicial Magistrate First Class, Pandharpur, vide Judgment and Order dated 11th June, 2010, for the offence punishable under Section 66(1)(b) of the Bombay Prohibition Act, and has been sentenced to suffer S.I for 3

2/3 months and to pay a fine of Rs.5,000/-, in default to suffer S.I. for 1 month and for the offence punishable under Section 85(1) of the Bombay Prohibition Act, has been sentenced to suffer R.I for 3 months and to pay a fine of Rs.5,000/-, in default to suffer R.I. for 1 month. Both the said sentences were directed to be run concurrently. In appeal, the Appellate Court vide Judgment and Order dated 8th January, 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 abused or misused the liberty granted to him. He further submits that the applicant has surrendered and is presently lodged in custody since then. 4.

Perused the papers. It is not in dispute that the applicant was on bail pending trial and pending his appeal and that he has not abused or misused the liberty granted to him. The Revision 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.

3/3 5.

Considering the aforesaid, the application is allowed. The applicant's sentence is suspended and he is enlarged on bail, pending the hearing and final disposal of his 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.10,000/- 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.

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