Dileep Irappa Londhe v. The State Of Maharashtra

G.A.Ghule 1/3 [P.A.]

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD.

CRIMINAL APPELLATE JURISDICTION.

CRIMINAL APPLICATION NO.341/2015.

IN CRIMINAL REVISION APPLICATION NO. 10 Of 2015. DILEEP IRAPPA LONDHE

VERSUS

THE STATE Of MAHARASHTRA.

Appearance => Mr. Satej Jadhav,Advocate for the Petitioner. Mr. V.D. Godbharle, Additional Public Prosecutor for the State of Maharashtra.

CORAM

:

V.M. DESHPANDE, J.

DATE :

23rd FEBRUARY, 2015.

Per Court :- The applicant, who surrendered himself before the learned Magistrate on 19th January, 2015 is sent to the Central Prison, Aurangabad, is the statement made by Mr. Satej Jadhav, learned counsel for the applicant. Statement is accepted.

[2] By the present Criminal Application, the applicant is seeking suspension of substantive jail sentence of one year, as imposed upon him by the learned Judicial Magistrate, F.C., Ambajogai, Dist. Beed in Regular Criminal Case No.262 Of 2001 on dated 28th June, 2006, which is confirmed by the lower appellate court, Ambajogai on 25th November, 2014, in Criminal Appeal No.25/2006.

2/3 [3] This court has already admitted Criminal Revision Application No.10/2015. Conviction is for a fixed period and looking to the pendency of the Criminal Revision Applications, it is not possible that final hearing of the present Revision will be taken up in near future. [2] During the trial and during pendency of Criminal Appeal, the applicant-accused was on bail and at no point of time he has misused the liberty granted to him. In that view of the matter, following order is passed :-

O R D E R

(i) Criminal Application No.341/2015 is allowed.

(ii) Substantive jail sentence as imposed upon the applicantaccused by the learned Judicial Magistrate, F.C., Ambajogai, Dist. Beed in Regular Criminal Case No.262 Of 2001 on dated 28th June, 2006, which is confirmed by the lower appellate court in Criminal Appeal No.25/2006 is suspended during pendency of present Criminal Revision Application.

(iii) The applicant-accused be released on bail on he executing P.R. Bond of Rs.10,000/- [Rs. Ten Thousand only] with one solvent surety in the like amount.

(iv) Bail before trial court.

(v) The applicant - accused is directed to remain present at the time of final hearing of Criminal Revision Application.

3/3 (vi) With this, Criminal Application is disposed of. (V.M. DESHPANDE, J.)