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Bombay High CourtAPPLN/1001/2016application allowed

Subhash S/O. Sahebrao Bhide v. The State Of Maharashtra

2016-02-16Hon'Ble Shri Justice Nitin W. Sambre2 pages

cran1001.16 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1001 OF 2016 IN CRIMINAL REVISION APPLICATION NO. 45 OF 2016 SUBHASH S/O. SAHEBRAO BHIDE

VERSUS

THE STATE OF MAHARASHTRA .....

Advocate for Applicant : Mr. Ujjwal Subhash Patil APP for Respondent-State : Mr. N. B. Patil .....

CORAM : V. K. JADHAV, J.

DATED : 16th FEBRUARY, 2016 PER COURT :- 1.

Heard learned counsel for the applicant and learned A.P.P. for the respondent-State.

2.

The applicant is convicted by the Assistant Sessions Judge, Jalgaon by order dated 24.12.2010 in Sessions Case No. 86 of 2007 for the offence punishable under Section 326 of I.P.C. and sentenced to suffer R.I. for three years and to pay fine of Rs.2,000/-, i/d to suffer R.I. for three months. The applicant is also convicted for the offence punishable under Section 504 of I.P.C. and sentenced to suffer R.I. for one year. Learned Additional Sessions Judge, Jalgaon, by order dated 11.02.2016, confirmed the said order and dismissed the Criminal Appeal No. 10 of 2011. Being aggrieved by the same, the

cran1001.16 -2applicant/original accused has preferred Criminal Revision Application which is admitted by this Court.

3.

Learned counsel for the applicant submits that during the course of trial and even during pendency of the appeal, the applicant/accused was on bail. Learned counsel further submits that the applicant/accused has deposited the fine amount before the trial court. In view of this, the following order is passed.

O R D E R

I.

Criminal Application is hereby allowed.

II.

The substantive part of sentence passed by Assistant Sessions Judge, Jalgaon in Sessions Case No. 86 of 2007, which is confirmed by the Additional Sessions Judge, Jalgaon in Criminal Appeal No. 10 of 2011, is hereby suspended till disposal of Criminal Revision Application No. 45 of 2016.

III.

The applicant viz. Subhash Sahebrao Bhide, be released on bail on his furnishing P.R. bond of Rs.10,000/- (Rupees Ten Thousand only) with one surety in the like amount. Bail before the trial court. IV.

Criminal Application is disposed of in the above terms. ( V. K. JADHAV, J.) vre/-