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Bombay High CourtAPPR/680/2016others disposed off

Brijeshkumar Singh Chouhan And ANR v. The State Of Maharashtra

2016-12-19Hon'Ble Justice Revati Mohite Dere3 pages

Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.680 OF 2016 IN REVISION APPLICATION NO.660 OF 2016 Brijeshkumar Singh Chouhan & anr. .Applicants Vs.

The State of Maharashtra .Respondent Mr.M.Rawal i/b. Mr.A.B.Avhad, Advocate, for the Applicants Mr.P.H.Gaikwad-Patil, APP, for the Respondent - State CORAM :

REVATI MOHITE DERE, J.

DATE : 19.12.2016 P.C.

.

Vide Judgment and Order dated 02.01.2014 passed by the learned Jt. JMFC, Cantonment Court, Pune-1 in R.C.C.No.756 of 2011, the Applicants have been convicted for the offence punishable under Section 326 r/w. 34 of the Indian Penal Code and have been sentenced to undergo R.I. for two years and to pay fine of Rs.6000/- each, in default to undergo S.I. for three months. Against the said Judgment and Order, the Applicants have filed an Appeal,

being Cri. Appeal No.84 of 2014 in the Court of the learned Addl. Sessions Judge, Pune. Vide Judgment and Order dated 16.11.2016, the learned Addl. Sessions Judge, Pune was pleased to dismiss the Appeal.

2.

Learned counsel for the Applicants states that the Applicants were on bail pending the trial and pending the Appeal in the Sessions Court. The Appeal is not likely to be heard in the immediate near future. He states that the Applicants have been in custody since 16.11.2016.

3.

The Revision Application has been admitted by a separate order passed today. The Applicants, who were on bail pending the hearing and final disposal of their Appeal have not abused and misused liberty granted to them.

4.

Considering the aforesaid, the Application is allowed pending the hearing and

final disposal of the Appeal on the following terms & conditions :-

ORDER

(i) The applicants be enlarged on bail, on executing PR Bond in the sum of Rs.10,000/- each with one or two sureties in the like amount;

(ii) The applicants shall inform their 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 concerned Police Station and the trial Court.

5.

The Application is allowed in the aforesaid terms and is accordingly disposed of. Parties to act on the authenticated copy of this order.

(REVATI MOHITE DERE, J.)