Rahul S/O Laxman Pagore v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2828 OF 2016 APEAL/335/2016 RAHUL S/O LAXMAN PAGORE

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Gaikawad Pandurang M. APP for Respondents: Mr.A.V.Deshmukh Adv.Mr.N.L.Jadhav for complainant.

...

CORAM : V.L.ACHLIYA,J.

DATE : 22/08/2016 PER COURT :- Heard the learned counsel for the applicant and APP for the State. Perused the judgment and order passed by the trial Court. The appellant is found to be guilty of committing offence under Section 307 of IPC and sentenced to undergo rigorous imprisonment for 5 years and to pay fine of Rs.1000/-.

2] Having regard to the facts of the case, the nature of offence, the grounds raised in the appeal and further taking into consideration that during trial the applicant was on bail, and arguable case is made, I am of the view that pending disposal of appeal, the applicant deserves to be released on bail. Hence the following order :

-2ORDER 1] Application is allowed in terms of prayer clause "B". Pending disposal of the appeal, sentence awarded by the trial Court stands suspended.

2] Applicant be released on bail on his furnishing bail in the sum of Rs.50,000/- with one or two sureties in like amount on following conditions :

i] Pending disposal of appeal, the applicant shall report and record his attendance with concerned police station on every second and fourth Sunday in each month between 10 a.m. to 11 a.m.

ii] Applicant shall furnish names, addresses and phone numbers of his three close relatives.

iii] Applicant shall not cause any threat to the complainant, victim and witnesses in the case.

iv] Pending disposal of appeal the applicant, shall not indulge into any criminal activities.

v] In case of breach of any of the conditions, bail granted to the applicant shall be liable to be cancelled.

vi] Bail to be furnished in trial Court.

(V.L.ACHLIYA,J.)