Ganesh S/O Murlidhar Dongre v. The State Of Maharashtra

criap3365.16 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3365 OF 2016 IN CRIMINAL REVISION APPLICATION NO. 149 OF 2016 Ganesh s/o Murlidhar Dongre ..APPLICANT

VERSUS

The State of Maharashtra ..RESPONDENT Mr S. J. Salunke, Advocate for applicant ;

Mr S. Y. Mahajan, Addl. Public Prosecutor for respondent CORAM : N.W. SAMBRE, J.

DATE : 23rd June, 2016 ORAL ORDER :

Heard.

2.

By the present application, the applicant seeks suspension of substantive sentence and his release on bail. 3.

The applicant was convicted by the learned Judicial Magistrate First Class, Majalgaon, Dist. Beed in Summary Criminal Case No. 53 of 2010, by an order dated 13th December, 2011. The appeal before the learned Additional Sessions Judge, Majalgaon, Dist. Beed, came to be dismissed by an order dated 10th June, 2016 in Criminal Appeal No. 1 of 2012.

criap3365.16 (2) 4.

The applicant claimed that he has already paid the fine amount imposed upon him.

5.

In my opinion, since the applicant-accused was on bail during the trial, so also during the pendency of appeal, he is entitled to be released on bail. Hence, I pass following order :

(a) Applicant be admitted on bail on the same terms, as were imposed by the learned Court below while granting bail. (b) The substantive sentence imposed on the applicant shall stand suspended 6.

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