Vithal S/O Baliram Shendge v. The State Of Maharashtra

criap3392.16 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3392 OF 2016 IN CRIMINAL REVISION APPLICATION NO. 150 OF 2016 Vithal s/o Baliram Shendge ..APPLICANT

VERSUS

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

Ms R. P. Gaur, 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 Regular Criminal Case No.209 of 2010, by an order dated 1st September, 2012. The appeal before the learned Additional Sessions Judge, Majalgaon, Dist. Beed, came to be dismissed by an order dated 20th June, 2016 in Criminal Appeal No. 27 of 2012.

criap3392.16 (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