Ajit Bapu Jakate v. The State Of Maharashtra

1/4 nsc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.732 OF 2016 IN CRIMINAL REVISION APPLICATION NO.689 OF 2016 Ajit Bapu Jakate ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr.Ranjit Patil i/b Mr.N.Y.Chavan, for the Applicant. Mr.A.A.Palkar, 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 learned A.P.P. 2.

The applicant, vide Judgment and Order dated 15th December, 2010, passed by learned VIth Joint Judicial Magistrate, First Class, Sangli, has been convicted and sentenced as under:- − for the offence punishable under Section 279 of the Indian Penal Code to suffer R.I for 6 months;

2/4 − for the offence punishable under Section 304(A) of the Indian Penal Code to suffer R.I for 1 year and to pay fine of Rs.3,000/- in default to suffer R.I. for 2 months;

− for the offence punishable under Section 184 of the Motor Vehicle Act to suffer R.I for 6 months;

− for the offence punishable under Section 134(b)/ 177 of the Motor Vehicle Act, to pay a fine of Rs.100/-, in default to suffer S.I. for 2 days. All the above sentences were directed to be run concurrently. 3.

In appeal, the Appellate Court vide Judgment and Order dated 7th December, 2016, was pleased to confirm the conviction and sentence awarded by the trial Court.

4.

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 is presently lodged in custody.

3/4 5.

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.

6.

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.

4/4 7.

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

8.

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