Jayprakash Motichand Shah v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.743 OF 2016 IN CRIMINAL REVISION APPLICATION NO.696 OF 2016 Jayprakash Motichand Shah )...Applicant V/s.

State OF Maharashtra )...Respondent Mr. Jahangir M. Khajatia and Jayant Gaikwad, Advocates for the Applicant.

Mr. P.H.Gaikwad-Patil, APP for the Respondent - State.

CORAM

:

A. M. BADAR, J.

DATE :

11th JANUARY 2017.

P.C. :

This is an application for suspension of sentence and releasing the accused-applicant on bail during the pendency of the revision application before this Court.

Heard learned counsel appearing for the accused/applicant. He argued that short sentence of 15 days is imposed upon the applicant-accused who is old aged person. The learned APP opposed the application by contending that conviction and sentence imposed upon the applicant-accused is Shivgan 1/3

confirmed even by the Appellate Court.

Perused the impugned judgment and order by the appellate Court confirming judgment of conviction and sentence imposed upon the applicant-accused by the learned Metropolitan Magistrate, 51st Court, Kurla, Bombay. The applicant-accused is stated to be 73 years of age. He is sentenced to suffer SI for 15 days apart from payment of fine amount of Rs.5,000/-. It is seen that the applicant-accused has already deposited the fine amount. Considering the short sentence imposed upon the applicantaccused, his age as well as nature of offence alleged against him, application needs to be allowed and, therefore, the order: (1) Application is allowed.

(2) Sentence imposed upon the applicantaccused by the learned Metropolitan Magistrate, 51st Court, Kurla, Bombay vide judgment and order dated 15.2.2014 in case bearing no.135/PS/2006 and confirmed by the Additional Sessions Judge, Greater Bombay in Criminal Appeal NO.200 of 2014 is suspended till disposal of the present revision application. The Applicant-accused is directed to be released on bail on Shivgan 2/3

executing PR bond in the sum of Rs.15,000/- and on furnishing surety in the like amount.

Till the applicant-accused furnishes the surety within a period of four weeks from today, he be released on depositing cash security of Rs.15,000/-.

Parties to act upon an authenticated copy of this order. (A. M. BADAR, J.) Shivgan 3/3