Devendra Ramchandra Pawar v. The State Of Maharashtra

Vidya Amin.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 618 OF 2018 IN CRIMINAL REVISION APPLICATION No. 656 OF 2018 Devendra Ramchandra Pawar ...

Applicant vs.

The State of Maharashtra ...

Respondent Mr. B.A. Lawate, Advocate for the applicant.

Mr. A.R. Patil, APP for the respondent/State. CORAM: Mrs.MRIDULA BHATKAR, J.

DATED: 11th December, 2018 P.C. :

Upon mentioning, taken on production board.

2.

This Application is moved for bail and suspension of sentence. By the judgment and order dated 23rd January, 2012 passed by the learned Judicial Magistrate First Class, Kadegaon in S.C.C. No. 596 of 2008, the applicant/accused is convicted for the offences punishable under sections 279, 337 and 338 of the Indian Penal Code and under section 184 of the Motor Vehicles Act and is sentenced to suffer S.I. for three months each and to pay a fine of Rs.6,000/-, i/d. to suffer S.I. for two months. The said judgment of learned Judicial Magistrate First Class, Kadegaon is confirmed

by the judgment and order dated 14th November, 2018 passed by the learned Additional Sessions Judge, Sangli in Criminal Appeal No. 55 of 2012.

3.

The learned counsel for the applicant points out that the learned Additional Sessions Judge by the order dated 15th November, 2018 has stayed its order for a period of 30 days. The learned counsel submitted that it is a bailable offence and the applicant has good case on merits. He prays that the applicant be released on bail and sentence be suspended.

4.

Learned APP submits to the order of the Court. 5.

Considering the submissions made by the learned counsel for the applicant and the nature of the offence, the Application is allowed on the following terms and conditions: (i) The sentence is hereby suspended till the hearing of this Revision Application;

(ii) The applicant/accused shall be released on bail on the furnishing P.R. Bond in a sum of Rs.15,000/- with one or two sureties in the like amount;

(iii) The applicant/accused shall not jump the bail; (iv) The applicant/accused shall make himself available at the time of hearing of Revision Application;

(v) The applicant shall not leave the country without permission of this Court.

6.

Criminal Application is disposed of on above terms. 7.

Place the Criminal Revision Application for admission on 12th February, 2019.

(MRIDULA BHATKAR, J.)