Deepak S/O Bhagwan Patil v. The State Of Maharashtra

902 appln.2019.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

APPELLATE SIDE JURISDICTION CRIMINAL APPLICATION NO. 2019 OF 2016 IN APEAL/224/2016 DEEPAK S/O BHAGWAN PATIL

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Vikramsingh T. Chaudhary. APP for Respondent : Mrs. R. K. Ladda.

...

CORAM :

INDIRA K. JAIN, J.

DATE :

12th April, 2016.

P.C.:

.

Issue notice to Respondent.

Learned APP waives service of notice for sole Respondent.

This is an application for suspension of substantive sentence of imprisonment awarded by the learned Additional Sessions Judge, Jalgaon vide judgment and order date 9th March, 2016 in Sessions Case No.138 of 2014 convicting the Applicant of the offences punishable under Sections 307, 326 and 324 of the Indian Penal Code. Heard the learned counsel for parties. Perused impugned judgment and order passed by the Sessions Court. Learned counsel

902 appln.2019.16.odt for Applicant submits that during trial Applicant was on bail. Considering the short term sentence awarded by Trial Court and without going into merits of the case this Court finds it fit to suspend the substantive sentence of imprisonment till disposal of appeal. Hence the following order -

O R D E R

I.

Criminal Application No.2019 of 2016 is allowed. II.

Substantive sentence of imprisonment is suspended till decision of appeal.

III.

Applicant is released on bail on P.R. and S.B. of Rs.15,000/- (Rupees Fifteen Thousand Only) each.

IV.

Bail before the Trial Court.

[ INDIRA K. JAIN, J. ] ndm