Haribhau S/O Gopinath Shinde v. The State Of Maharashtra

criap1905.16 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1905 OF 2016 IN CRIMINAL REVISION APPLICATION NO. 92 OF 2016 Haribhau s/o Gopinath Shinde ..APPLICANT

VERSUS

The State of Maharashtra ..RESPONDENT Mr A.K. Bhosle, Advocate for applicant;

Mr A.R. Kale, Addl. Public Prosecutor for respondent CORAM : N.W. SAMBRE, J.

DATE : 1st April, 2016 ORDER :

Heard.

2.

By the present application, the applicant-accused seeks suspension of substantive sentence and his release on bail till final disposal of the revision application.

3.

By the judgment and order of conviction passed by Judicial Magistrate First Class (Court No.8), Aurangabad, in S.C.C. No.2179 of 2007, the applicant is convicted for offences punishable under sections 304-A and 279 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for eighteen months and six months, respectively and ordered to pay compensation of Rs.25,000/-, to be paid to legal heirs of

criap1905.16 (2) deceased Ramnath Chavan, in default to suffer simple imprisonment for three months, which has been upheld by learned Additional Sessions Judge-2, Aurangabad, by judgment and order dated 18th March, 2016, passed in Criminal Appeal No.110 of 2009.

4.

Today this Court has issued Rule in Criminal Revision Application filed by the applicant.

5.

The applicant was on bail during the trial and has already deposited the amount of compensation as ordered.

6.

In view thereof, substantive sentence is suspended and the applicant be admitted to bail on the same terms on which he was released by the Court below.

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