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Bombay High CourtAPPLN/1786/2016application allowed

Vilas S/O. Dashrath Ingale v. The State Of Maharashtra

2016-03-28Hon'Ble Shri Justice Nitin W. Sambre2 pages

criap1786.16 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1786 OF 2016 IN CRIMINAL APPEAL NO.177 OF 2016 Vilas s/o Dashrath Ingale ..APPLICANT

VERSUS

The State of Maharashtra ..RESPONDENT Mr N.S. Ghanekar, Advocate for applicant;

Mr D.V. Tele, Addl. Public Prosecutor for respondent CORAM : N.W. SAMBRE, J.

DATE : 28th March, 2016 ORDER :

Heard.

2.

By the present application, the applicant-accused seeks suspension of substantive sentence and his release on bail during pendency of the appeal.

3.

The applicant-accused is convicted for offences punishable under sections 498-A, 306 and 304-B of the Indian Penal Code, by Additional Sessions Judge, Majalgaon, by judgment and order dated 19th March, 2016, passed in Sessions Case No.64 of 2012 and sentenced to suffer rigorous imprisonment for three years and to pay fine of Rs.2,000/-, in default to suffer simple imprisonment for two months; rigorous

criap1786.16 (2) imprisonment for seven years and to pay fine of Rs.2,000/-, in default to suffer simple imprisonment for two months and rigorous imprisonment for seven years and to pay fine of Rs.2,000/-, in default to suffer simple imprisonment for two months, respectively. The sentences imposed on the applicant are ordered to run concurrently.

4.

It is claimed by the applicant that he was on bail during the trial and has not misused liberty granted to him. The applicant has already paid the amount of fine.

5.

In view thereof, substantive sentences imposed on the applicant are suspended. The applicant-accused be released on bail, on the same terms on which he was released by the learned Sessions Court. 6.

Criminal Application stands allowed in above terms. (N.W. SAMBRE, J.) amj