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Bombay High CourtAPPA/1555/2015bail granted

Dilip @ Pandu Hiralal Rajput And ORS v. The State Of Maharashtra

2015-12-18Hon'Ble Shri Justice A.R. Joshi2 pages

903-1-appa-1555-2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1555 OF 2015 IN CRIMINAL APPEAL NO.1153 OF 2015 Dilip @ Pandu Hiralal Rajput & Ors.

..Appellants V/s.

The State of Maharashtra .. Respondent ---- Mr.C.G.Gavnekar for the appellants.

Mrs.Anamika Malhotra APP for the Respondent-State. ---- CORAM : A. R. JOSHI, J.

DATE : 18th DECEMBER, 2015.

P.C.

1.

Heard learned counsel for the applicant. Also heard learned APP for the State on this application for bail/suspension of substantive sentence during pendency of appeal. The applicants who are original accused nos.1 to 3 are convicted for the offences punishable under sections 353 and 332 read with section 34 of Indian Penal Code and sentenced to suffer RI for two years each. Fine amount of Rs.1,000/- each was also imposed on each count. Applicant no.1 is also convicted for the offence under section 66(1)(b) of Mumbai Prohibition Act, 1949 and sentenced to suffer RI for three N.S. Kamble page 1 of 2

903-1-appa-1555-2015 months and pay fine of Rs.500/-. Reportedly all the fine amounts are paid. During the trial all the three applicants were on bail and even after conviction they are granted bail by the trial Court till filing of the appeal.

2.

In view of the above the present application is allowed. All the three applicants be released on same bail as granted by the trial Court with fresh bonds to be executed before the trial Court.

3.

The present order is effective only on ascertaining the deposit of the entire fine amount by all the applicants. 4.

Application is accordingly disposed of.

(A. R. JOSHI, J) N.S. Kamble page 2 of 2