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Bombay High CourtAPPLN/5973/2016bail granted rejected

Abdul Rahimkhan Haji Sandukhan v. The State Of Maharashtra

2016-10-25Hon'Ble Shri Justice V.L. Achliya3 pages

( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.5973 OF 2016 IN CRIMINAL APPEAL NO.643 OF 2016 Abdul Rahimkhan Haji Sandukhan ..

Applicant

Versus

The State of Maharashtra ..

Respondent Mr. Joydeep Chatterji, Advocate for the applicant Mr.S.P.Tiwari, APP for the respondent/State CORAM : V.L.ACHLIYA, J.

DATED :

25.10.2016 P.C. :- 1.

Heard.

2.

Perused the impugned judgment and order dated 07.10.2016 in Special Case No.58/2007 passed by the Additional Sessions Jude, Aurangabad. The applicant is convicted u/s. 135 of the Indian Electricity Act, 2003 and sentenced to suffer R.I. for two years. The applicant claims to be on bail through the trial.

3.

Upon hearing the submissions advanced, looking to overall facts of the case, nature of sentence awarded, grounds raised in appeal and the fact that during the

( 2 ) course of trial the applicant was on bail, the request of applicant to enlarge on bail deserves due consideration. Hence the following order.

O R D E R

i] Pending disposal of appeal the substantive sentence of imprisonment stands suspended.

ii.

Pending disposal of appeal the applicant be released on bail on furnishing bail bond in the sum of Rs.25,000/- with one surety in the like amount on following conditions.

(a) Pending disposal of appeal the applicant shall appear and record his attendance before the Officer Incharge of Jinsi Police Station, Aurangabad on every last Sunday in each month in between 10 a.m. to 11 a.m.

(b) The applicant shall furnish the names and addresses of his three close relatives with phone numbers.

(c) The applicant shall not cause threat

( 3 ) to complainant and other prosecution witnesses. (d) The applicant shall not indulge into commission of similar offence.

(e) In the event of change in address the applicant shall intimate concerned police station as well as this court.

iii.

In the event of breach of any of the conditions, the bail granted to the applicant shall liable to be canceled.

[V.L.ACHLIYA,J.] / VishalK criapln5973.16