Paul Pius Soares v. The State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 695 OF 2016 (FOR BAIL) IN CRIMINAL REVISION APPLICATION NO. 671 OF 2016 Paul Pius Soares ...Applicant

Versus

The State of Maharashtra & Anr.

...Respondents

WITH CRIMINAL APPLICATION NO. 696 OF 2016 (FOR SUSPENSION OF SENTENCE) IN CRIMINAL REVISION APPLICATION NO. 671 OF 2016 Paul Pius Soares ...Applicant

Versus

The State of Maharashtra & Anr.

...Respondents

Ms. P. S. Nadar for the Applicant Ms. A. A. Takalkar, A.P.P for the Respondent-State CORAM : REVATI MOHITE DERE, J.

FRIDAY, 16 th DECEMBER, 2016 P.C. :

1.

Heard learned Counsel for the applicant and learned A.P.P for the Respondent-State.

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2.

The applicant, vide Judgment and Order dated 23rd November, 2016 passed by the Additional Sessions Judge, Greater Mumbai, has been convicted and sentenced as under :

i) for the offence punishable under Section 354 of the Indian Penal - to undergo RI for one year and to pay a fine of Rs. 15,000/-, in default, to undergo SI for 10 days;

ii) for the offence punishable under Section 504 of the Indian Penal Code - to undergo RI for 4 months;

The applicant has also been directed to pay an amount of Rs. 10,000/- to the victim as compensation under Section 357 of the Cr.P.C. 3.

Learned Counsel for the applicant states that the applicant was on bail, pending trial and pending his appeal in the Sessions Court. She submits that the applicant has not abused or misused the liberty granted to him. She further submits that the applicant has surrendered and is presently in custody. She submits that the applicant has directly paid to the victim, the amount of compensation as directed. She further submits that the fine amount also has been deposited in the trial Court. 2/4

4.

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

5.

Considering the aforesaid, the application is allowed and the applicant 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 local 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. 3/4

6.

The Criminal Application No. 695 of 2016 is allowed in the aforesaid terms and is accordingly disposed of. 7.

In view of the above order, Criminal Application No. 696 of 2016 does not survive. The same stands disposed of. 8.

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

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