Dadasaheb Shivram Kanchan v. The State Of Maharashtra
1/4 nsc.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1529 OF 2016 IN CRIMINAL APPEAL NO.792 OF 2016 Dadasaheb Shivram Kanchan ...Applicant (Orig. Accused No.2)
Versus
The State of Maharashtra
...Respondent
Mr.Hrishikesh Mundargi i/b Ms.J.J.Bardeskar, for the Applicant Mr.S.V.Gavand, A.P.P for the Respondent-State Mr.Ganesh Bhujbal a/w Mr.Abhijit Kadam, for the Complainant. CORAM : REVATI MOHITE DERE, J.
DATE : 22nd DECEMBER, 2016 P.C. :
1.
Heard learned Counsel for the parties.
2.
The applicant, (original accused no.2), vide Judgment and Order dated 3rd December, 2016, passed by learned Additional Session Judge, Pune, in Sessions Case No.487 of 2007, has been convicted and sentenced as under:-
2/4 - for the offence punishable under Section 498-A r/w 34 of the Indian Penal Code to suffer imprisonment for 2 years and to pay fine of Rs.500/- in default to suffer further imprisonment for 1 month; - for the offence punishable under Section 306 r/w 34 of the Indian Penal Code to suffer S.I. for 3 years and to pay fine of Rs.1,000/- in default to suffer S.I. for 2 months;
- for the offence punishable under Section 304-B r/w 34 of the Indian Penal Code to suffer imprisonment for 10 years and to pay fine of Rs.1,000/- in default to suffer further imprisonment for 2 months. All the said sentences were directed to run concurrently. 3.
Learned Counsel for the applicant submitted that the allegations against the applicant are general in nature and that there is no material/evidence as against the applicant to show his complicity in the offence. He submitted that the applicant was on bail, pending trial and that he has not abused or misused the liberty granted to him. 4.
Perused the papers. Admittedly, the applicant was not present on the date of the incident in the house, when the deceased committed
3/4 suicide. The applicant was on bail pending trial and that he has not abused or misused the liberty granted to him. The Appeal has been admitted by a separate order passed today. The applicant was on bail, pending trial and has not abused or misused the liberty granted to him. 5.
Considering the aforesaid, the application is allowed. The applicant's sentence is suspended, and the applicant is enlarged on bail, pending the hearing and final disposal of his Appeal, 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.
4/4 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.