Afsar Jafar Patel And Others v. The State Of Maharashtra

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 364 OF 2015 IN CRIMINAL REVISION APPLICATION NO. 11 OF 2015 [Afsar Jafar Patel and ors. Vs The State of Maharashtra] _________________________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | Court's or Judge's orders orders or | directions and | Registrar's orders | _________________________________________________________________________________ Shri A.R.Syed, advocate for the applicants Shri V.P.Kadam, A.P.P. for respondent .....

CORAM : V.M.DESHPANDE, J.

DATED : 21 st January, 2015 PER COURT :- 1] Heard Shri A.R.Syed, learned counsel for the applicants and also the learned Additional Public Prosecutor Shri V.P.Kadam.

2] Though, in the memo of Criminal Revision itself the applicants have made a prayer at prayer clause 'E' for releasing them on bail, the counsel for the applicants tenders a separate application across the Bar, the copy of which is given to the learned Additional Public Prosecutor. Criminal Application for bail is taken on record. The registry is directed to

register the same.

3] The court has already admitted Criminal Revision Application.

4] The sentence is only for one month. The applicants are in jail. During the trial as well as during the appeal period, all the applicants were on bail and it is stated that at no point of time they have misused the bail.

5] Looking to the nature of the offence, pendency of Criminal Revision in this court and quantum of sentence, I pass the following order.

O R D E R

(i) Criminal Application filed on behalf of the applicants for bail is hereby allowed.

(ii) The substantive jail sentence imposed by the learned Judicial Magistrate, First Class, Omerga, Court No.2, in Regular Criminal Case No. 160 of 2006 against the applicants, which is confirmed by the Additional Sessions Judge, Omerga, dated 14.1.2015 in Criminal Appeal No. 10 of 2009 is hereby suspended during the pendency of the present Criminal Revision Application.

(iii) The applicants are directed to be released on bail on they executing P.R. Bond of Rs.5,000/- by each of the applicants with solvent surety in like

amount before the trial court.

(iv) Criminal Application is disposed of.

[V.M.DESHPANDE, J.] dbm/cra364.15