Kailas S/O. Suklal Deore v. The State Of Maharashtra

Cri.Appln.No.2406/2016 :: 1 ::

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2406 OF 2016 IN CRIMINAL APPEAL NO.287 OF 2016 Kailas s/o Suklal Deore ...

APPLICANT

VERSUS

The State of Maharashtra ...

RESPONDENT .....

Shri R.S. Shinde, Advocate holding for Shri N.L. Choudhari, Advocate for applicant Shri S.M. Ganachari, A.P.P. for respondent/ State .....

CORAM:

A.I.S. CHEEMA, J.

DATED:

3rd May, 2016.

ORAL ORDER :

1.

Heard Advocate Mr. R.S. Shinde, holding for Advocate Mr. N.L. Choudhari for applicant. He states that, the applicant has been convicted under Section 325 of the Indian Penal Code for a period of three years and under Section 323 of the Indian Penal Code for a period of six months. The applicant was already on bail during the pendency of the appeal and did not misuse the liberty. The counsel states that, the appeal will take time to be decided and the applicant - accused be granted bail. 2.

The learned A.P.P. submits that, the applicant - accused being Driver, it will be necessary to ensure his

Cri.Appln.No.2406/2016 :: 2 ::

availability so that when the appeal is decided, he should be found. The counsel for the applicant states that, the applicant is ready to abide by any condition. The counsel states that, the applicant is a Driver, but he is driving the vehicle for a local person.

3.

The application is allowed. During the pendency of the appeal, the sentence of imprisonment only as passed by the trial Court is suspended and the applicant - original accused be released subject to the applicant - accused executing P.R.B. and S.B. of Rs.25,000/- (Rupees twenty five thousand) in the trial Court. The applicant shall appear before the trial Court on 11th May 2016 for submitting bail.

4.

At the time of releasing the applicant - accused on bail, the trial Court shall add condition of accused marking presence in the trial Court every three months, till disposal of the Criminal Appeal. Trial Court shall yearly send report in January of marking presence by accused in this regard to this Court till disposal of appeal.

(A.I.S. CHEEMA, J.) fmp/cri2406.16