Bombay High CourtAPPLN/1245/2017application allowed

Tukaram Pundlik Mhetre v. The State Of Maharashtra

2017-03-16Hon'Ble Shri Justice V.L. Achliya3 pages

( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1245 OF 2017 IN CRIMINAL REVISION APPLICATION NO. 77 OF 2017 Tukaram Pundlik Mhetre ..

Applicant

Versus

The State of Maharashtra ..

Respondent Mr.V.A. Mane, Advocate h/f Mr. L.C. Patil, Advocate for the applicant Mr.K.S. Hoke Patil, APP for the respondent/State CORAM : V.L. ACHLIYA, J.

DATED :

16.03.2017 P.C. :- .

Heard learned counsel for the applicant and APP for the respondent/State and perused the impugned judgment and order passed by the trial Court as well as the Court of Session in appeal. Upon considering the submissions advanced I am of the view the case is made out to entertain the revision petition. Hence the following order.

ORDER

I) Application is allowed.

II) Pending disposal of revision petition

( 2 ) the execution of substantive sentence awarded to the applicant stands suspended subject to deposit of fine.

III] Pending disposal of revision petition the applicant namely Tukaram Pundalik Mhetre be released on bail on his furnishing bail in the sum of Rs.25,000/- with one surety in like amount on the following conditions.

a) The applicant shall mark his attendance before the Police Station Ausa, Tq. Ausa, Dist. Latur on last day of each month in between 10.00 am to 11.00 am. till final disposal of the revision petition.

b) The applicant shall furnish the names and addresses of his 3 close relatives with phone numbers.

c) The applicant shall not cause threat to complainant and other prosecution witnesses.

d) In the event of change in address the applicant shall intimate concerned Police Station as well as this Court.

e) During pending of the revision petition the applicant shall not involve in

( 3 ) any criminal case.

IV) In the event of breach of any of the conditions, the bail granted to the applicant liable to be canceled.

V) Bail to be furnished before the trial Court. In case the bail is not furnished before the trial Court within two weeks from the date of this order, the order of suspension of sentence stands re-called and canceled.

VI) The trial Court is directed to report the compliance of furnishing of bail within three weeks to this Court.

VII) The Office In-Charge of the Police Station Ausa, Tq. Ausa, Dist. Latur is directed to submit the report of compliance of conditions of bail after every six months till final disposal of the revision petition.

[V.L. ACHLIYA, J.] / VishalK criapln1245.17