Arun Dnyanoba Patil v. The State Of Maharashtra

cran6988.15 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 6988 OF 2015 IN CRIMINAL REVISION APPLICATION NO. 248 OF 2015 ARUN DNYANOBA PATIL

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Salunke Sudarshan J APP for Respondents: Mr. N.B. Patil .....

CORAM : V. K. JADHAV, J.

DATED : 4th JANUARY, 2016 P.C. :- 1.

Heard.

2.

Learned counsel for the applicant submits that during trial the applicant was on bail and he was also on bail during pendency of appeal before the Sessions Court.

3.

I have also heard learned A.P.P. for the respondent-State. 4.

The applicant is convicted for the offence punishable under section 409 of I.P.C. and sentenced to suffer R.I. for one year and to pay fine of Rs.5,00,000/- i/d to suffer R.I. for six months. The said judgment and order of conviction, passed by the learned C.J.M. is

cran6988.15 -2confirmed in criminal appeal No. 63 of 2010 by the learned Additional Sessions Judge, Latur. The accused was on bail during trial and also during pendency of the appeal. The revision petitioner/accused has not deposited the fine amount till this date. In view of this, only substantive part of sentence can be suspended and so far as the fine amount is concerned, the same cannot be suspended. Hence, following order:-

O R D E R

The substantive part of sentence passed by the learned Chief Judicial Magistrate, Latur dated 13.04.2010, in R.C.C. No. 509 of 2000 thereby sentencing the accused-Arun Dnyanoba Patil to suffer R.I. for one year for the offence punishable under Section 409 of I.P.C. is hereby suspended and till disposal of the revision application, the applicant Arun Dnyanoba Patil be released on bail on his furnishing personal bond of Rs.10,000/- with one surety in the like amount.

5.

Criminal application is disposed of.

( V. K. JADHAV, J.) rlj/