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Bombay High CourtAPPLN/1138/2016disposed off

Vasant Tukaram Datkhil. v. The State Of Maharashtra.

2016-02-23Hon'Ble Shri Justice V.K. Jadhav2 pages

cran1138.16 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1138 OF 2016 IN CRIMINAL REVISION APPLICATION NO. 52 OF 2016 VASANT TUKARAM DATKHIL

VERSUS

THE STATE OF MAHARASHTRA.

...

Advocate for Applicant : Mr. Dhengle Babasaheb A. APP for Respondents: Mr. N.B. Patil .....

CORAM : V. K. JADHAV, J.

DATED : 23rd FEBRUARY, 2016 PER COURT:- 1.

The applicant is convicted by the learned 9th J.M.F.C. Beed, by order dated 29.8.2012 in R.C.C. No. 422 of 1997 for the offence punishable under section 365 of I.P.C. and sentenced to suffer R.I. for one year and to pay fine of Rs.500/- each i/d so suffer S.I. for one month. The applicant is also convicted for the offence punishable under section 323 of I.P.C. and sentenced to suffer S.I. for one month. It is directed that both the sentences to run concurrently. The learned Additional Sessions Judge, Beed by oder dated 15.2.2016 confirmed the said order and accordingly dismissed the criminal appeal No. 72 of 2012.

2.

Being aggrieved by the same, the applicants preferred accompanying criminal revision application in this Court which is

cran1138.16 -2admitted by this court today by separate order. 3.

Learned counsel for the applicant submits that the during the course of trial and even during pendency of criminal appeal, the applicant was on bail. In view of this following order is passed.

O R D E R

I.

Criminal application is allowed.

II.

The substantive part of sentence passed by the 9th J.M.F.C. Beed dated 29.8.2012 in R.C.C. No. 422 of 1997 and confirmed by the Additional Sessions Judge, Beed by order dated 15.2.2016 in criminal appeal No. 72 of 2012 is hereby suspended till disposal of criminal revision application.

III.

The applicant Vasant Tukaram Datkhil be released on bail on his furnishing personal bond of Rs.10,000/- with one surety in the like amount. Bail before the trial court. IV.

Criminal application is disposed of.

( V. K. JADHAV, J.) rlj/