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Bombay High CourtAPPLN/323/2015disposed off

Rajendra S/O Madhav Kotkar v. The State Of Maharashtra

2015-01-21Hon'Ble Shri Justice V.M. Deshpande2 pages

crap323.15 FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 323 OF 2015 [Rajendra s/o Madhav Kotkar vs The State of Mah.] _________________________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | Court's or Judge's orders orders or | directions and | Registrar's orders | _________________________________________________________________________________ Shri V.P.Patil, advocate for the applicant Shri V.D.Godbharle, A.P.P. for respondent .....

CORAM : V.M.DESHPANDE, J.

DATED : 21 st January, 2015 PER COURT :- 1] Heard learned counsel for the applicant.

2] By the present application, the applicant is seeking his enlargement on bail by suspending the substantive jail sentence awarded to him.

3] I have gone through the impugned judgments.

4] The applicant was on bail through out during the trial and also during the pendency of the appeal and at no point of time, it appears that he has misused the bail.

5] Looking to the nature of the offence, it is expedient in the interest of justice to release the

crap323.15 applicant on bail during the pencency of the present Revision Application.

6] Hence, I pass following order.

(i) Criminal Application is allowed.

(ii) The substantive jail sentence imposed against the applicant by the learned Judicial Magistrate, First Class, Amalner, in Regular Criminal Case No. 1 of 2006, which is confirmed by the Additional Sessions Judge, Amalner, dated 16.1.2015 in Criminal Appeal No. 31 of 2010 is hereby suspended during the pendency of present Revision. (iii) The applicant is released on bail upon his executing P.R. bond in the sum of Rs.5,000/- with two solvent sureties in the like amount before the trial court.

(iv) Criminal Application is disposed of.

[V.M.DESHPANDE, J.] dbm/crap323.15