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Bombay High CourtAPPR/624/2017others disposed off

Suresh Ramchandra Dhumal v. The State Of Maharashtra

2017-12-20Hon'Ble Shri Justice A.S. Gadkari2 pages

APPR 624-17.doc Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 624 OF 2017 IN CRI. REVISION APPLICATION NO. 635 OF 2017 Suresh Ramchandra Dhumal .Applicant Vs.

The State of Maharashtra .Respondent Mr. R. A. Zade, Advocate, for the Applicant Mr. R. M. Pethe, APP, for the Respondent - State

CORAM

:

A.S.GADKARI, J.

DATE :

20.12.2017 P.C.

.

This is an Application for suspension of sentence and for releasing the Applicant on bail.

2.

The Applicant has been convicted under Section 324 of the Indian Penal Code and sentenced to suffer R. I. for two years and to pay a fine of Rs. 1,000/-, in default to suffer further R.I. for 15 days passed by the learned Judicial Magistrate First Class, Indapur in R.C.C.No. 269 of 2006 by its Judgment and Order dated 17.07.2012. The Cri. Appeal No. 39 of 2012 preferred by the Applicant has been dismissed by the learned Additional Sessions Judge, Baramati, District - Pune by its Judgment and Order dated 29.11.2017.

APPR 624-17.doc 3.

The learned counsel for the Applicant submitted that after the Appeal is dismissed by the Appellate Court, the Applicant has been taken into custody on the same day.

4.

As the maximum sentence imposed upon the Applicant is two years, I am inclined to suspend the sentence and release the Applicant on bail.

Hence, the following order.

(i) Applicant be released on bail in R.C.C.No. 269 of 2006 decided by the learned Judicial Magistrate First Class, Indapur on his furnishing PR bond of Rs. 15,000/- with one or two local sureties in the like amount;

(ii) After his release from jail and Pending the Revision Application, Applicant shall attend the Court of learned Judicial Magistrate First Class, Indapur on every 1st Monday of the month between 11.00 a. m. and 2.00 p. m. to mark his presence. If the 1st Monday is holiday, then the Applicant shall attend the said Court immediately on the next working day.

5.

Application is allowed in the aforesaid terms. (A.S.GADKARI, J.)