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Bombay High CourtAPPLN/142/2017application allowed

Parmeshwar S/O Karbhari More v. The State Of Maharashtra

2017-01-19Hon'Ble Shri Justice V.L. Achliya4 pages

( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.142 OF 2017 IN CRIMINAL APPEAL NO.12 OF 2017 Parmeshwar Karbhari More ..

Applicant

Versus

The State of Maharashtra ..

Respondent Mr.G.A.Kulkarni, Advocate with Mr. Rajendra S. Deshmukh, Advocate for the applicant Mr.K.S.Hoke Patil, APP for the respondent/State CORAM : V.L.ACHLIYA, J.

DATED :

19.01.2017 P.C. :- .

The applicant has moved this application seeking suspension of sentence and release on bail, pending disposal of appeal.

2.

Heard learned counsel for the applicant and APP for the respondent/State and perused the impugned judgment and order dated 28.11.2016.

3.

Looking to the sentence awarded, I am of the view that pending disposal of the appeal execution of substantive sentence deserves to be suspended and the be applicant enlarged on bail. As it is not possible

( 2 ) immediately to take up the matter for final hearing. Hence the following order.

ORDER

i.

Application is allowed in terms of prayer clause (B).

ii] Pending disposal of the appeal execution of substantive sentence stands suspended subject to deposit of fine.

iii.

Pending disposal of appeal the applicant be released on bail on furnishing fresh bail bond in the sum of Rs.15,000/- with one surety in like amount on following conditions.

(a) Applicant shall mark his attendance before the Anti Corruption Bureau, Beed on last week of the each month in between 10 a.m. to 11 a.m. till final disposal of the appeal.

( 3 ) (b) The applicant shall furnish the names and addresses of his 3 close relatives with phone numbers.

(c) The applicant shall not cause threat to complainant and other prosecution witnesses.

(d) In the event of change in address the applicant shall intimate concerned police station as well as this court.

(e) The applicant shall not indulge in the act of commission of offence during the pendency of appeal.

iv.

In the event of breach of any of the conditions, the bail granted to the applicant shall be liable to be canceled.

v.

Bail to be furnished in the trial Court.

( 4 ) vi.

The Officer In-charge of the Anti Corruption Bureau, Beed is directed to submit the report of compliance of conditions of bail after every six months.

[V.L.ACHLIYA,J.] / VishalK criapln142.17