Raghunath Pandurang Vanarse v. The State Of Maharashtra

-1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD.

CRIMINAL APPLICATION NO. 2600 OF 2015 Raghunath Pandurang Vanarse, Age : 26 years, Occupation - Agriculture, R/o. Vita No. 1, Tq. Bhokardan, Dist. Jalna.

...Applicant

Versus

The State of Maharashtra

...Respondent

.....

Shri. Sudarshan J. Salunke, Advocate for the applicant Shri. U. S. Mote, Advocate for the respondent/State .....

CORAM : SMT. SADHANA S. JADHAV, [VACATION JUDGE] DATED : MAY 26TH, 2015.

PER COURT:- .

The applicant herein is convicted for the offence punishable under Section 324 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for one year and fine of Rs. 12,000/-, in default simple imprisonment for 30 days by Ad-hoc Addl. Sessions Judge, Jalna vide judgment and order dt. 11th May, 2015 in Criminal Appeal No. 24 of 2011, thereby confirming the judgment of the learned JMFC, Bhokardan dt. 7th March, 2011.

-22.

The learned Counsel for the applicant submits that the applicant has been taken into custody on 11th May, 2015. The sentence imposed upon the applicant is a short term sentence. He has undergone the substantive sentence from 17th June, 2009 to 25th June, 2009 and, thereafter, from 11th May, 2015 till today. The revision application has been admitted. In view of this, the applicant deserves to be enlarged on bail during the pendency of the revision application. Hence, following order is passed.

ORDER

(i) The application is allowed.

(ii) The substantive sentence imposed upon the applicant is hereby suspended.

(iii) The applicant be enlarged on bail. Same bail, fresh bonds.

(iv) The applicant shall report to the Court of Judicial Magistrate First Class, Bhokardan, once in six months on the date scheduled by the learned Court. (v) Upon failure to attend the Court on any two consecutive dates, the prosecution would be at liberty to seek cancellation of relief granted vide this order.

-3- (vi) The learned Counsel for the applicant shall also give an undertaking that the applicant would remain present at the time of final hearing of the revision application.

The application stands disposed of accordingly. Parties to act upon the authenticated copy of this order. ( SMT. SADHANA S. JADHAV) VACATION JUDGE sgp