Gajendra Rajaram Nimbalkar v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1572 OF 2016 IN CRIMINAL APPEAL NO.828 OF 2016 Mr. Gajendra Rajaram Nimbalkar )...Applicant V/s.

State OF Maharashtra )...Respondent Mr. Vijay N. Shingnapurkar, Advocate for the Applicant. Ms. A.A. Takalkar, 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 applicant-accused on bail during the pendency of the appeal.

Heard learned counsel appearing for the applicantaccused. He submitted that sentence imposed upon the applicantaccused is already suspended and he has already deposited fine amount before the trial Court.

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The learned APP opposed the application by contending that offence is proved against the applicant-accused. Perused the impugned judgment and order recording conviction of the applicant-accused for the offence punishable under Section 324 of the IPC. He is sentenced to suffer RI for two years with direction to pay fine amount of Rs.5,000/- in default to undergo further RI for three months. Applicant-accused is further acquitted of the offence punishable under Sections 307, 326, 504 and 506 of IPC.

Sentence imposed upon the applicant-accused is short sentence, which is already suspended by the learned trial Court. In this view of the matter, applicant-accused deserves liberty. Hence, the following order:

(1) Application is allowed.

(2) Substantive sentence of imprisonment imposed upon the applicant-accused is suspended and he is directed to be released on Shivgan 2/3

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

Application stands disposed of accordingly.

(A. M. BADAR, J.) Shivgan 3/3