Bibhishan Pandhari Kamble v. The State Of Maharashtra

1 /2 APPR-629-17-21 Nalawade FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 629 OF 2017 IN CRIMINAL REVISION APLICATION NO.638 OF 2017 Bhibishan P. Kamble vs. State of Maharashtra Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Nitesh Mohite i/by J.D. Mane for the Applicant. Mr. Ameet Palkar, APP. for the Respondent-State. CORAM :A.S.GADKARI, J.

DATE : 19th December, 2017 P.C.

1.

The aforesaid applications are for suspension of sentence and for releasing the applicant on bail respectively. 2.

The applicant is convicted for an offence under Section 409 of the Indian Penal Code and has been sentenced to suffer rigorous imprisonment for a period of two years and to pay a fine of Rs.50,000/- by the Chief Judicial Magistrate, Solapur in R.C.C. No.135/2005 by an order dated 25.6.2012. The Criminal Appeal No.54 of 2012 preferred by the applicant has been dismissed by the learned Additional Sessions Judge, Solapur by its Judgment and order dated 28.11.2017. The learned counsel for the applicant submitted that the applicant has already deposited the said fine amount in the registry of the Trial Court..

3.

As the maximum sentence imposed upon the applicant is two years, I am inclined to suspend the sentence and release

2 /2 APPR-629-17-21 the applicant on bail.

Hence, the following order.

a) The applicant be released on bail in RCC No.135/2005 on his furnishing PR bond of Rs.25,000/-with one or two solvent local sureties in the like amount.

b) During the pendency of the revision application and after his actual release from Jail the applicant shall attend the Trial Court on every first Monday of the month between 10.00a.m. to 12.00 noon.

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