Prakash @ Omprakash Anandrao Derkar v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (APPA) NO.6 OF 2017 IN CRIMINAL APPEAL NO.332 OF 2001 Prakash alias Omprakash Anandrao Derkar ..vs..

State of Maharashtra, thr its Police Station Officer, Police Station, Maregaon, District Yavatmal ....................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ....................................................................................................................................................... Shri Amol Mardikar, counsel for the applicant. Shri C.A. Lokhande, Addll.P.P. for the non-applicant/State.

CORAM

: P.N. DESHMUKH, J.

DATED : JANUARY 5, 2017.

Heard learned counsel Shri Amol Mardikar for the applicant and learned Additional Public Prosecutor Shri C.A. Lokhande for the nonapplicant/State. Issue notice to the non-applicant/State.

Learned Additional Public Prosecutor Shri C.A. Lokhande waives notice.

This is an application by the accused for bail. Learned counsel Shri Amol Mardikar for the applicant has submitted that pending present appeal, application for suspension of substantive sentence imposed upon the applicant was favourably considered .....2/-

on 29.11.2001 and since then the applicant was on bail. However, during the pendency of the appeal, as he did not remain present nor was represented by the Advocate on record, this Court issued non-bailable warrant against the applicant which came to be executed and the applicant was thus before the Court and committed to the Jail.

It is contended that the appeal is fixed for final hearing on 19.1.2017. Considering the fact that the applicant was already released on bail suspending substantive sentence imposed upon him pending appeal, and as he is taken into custody as per nonbailable warrant issued as aforesaid, the application is allowed as per the order below:

ORDER

The applicant shall be released on bail on the same terms and conditions and on same bail and surety bonds already executed before the Trial Court. The criminal application is disposed of accordingly.

JUDGE !! BRW !!

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C E R T I F I C A T E I certify that this Order/Judgment uploaded is a true and correct copy of original signed Order.

Uploaded by : Bhushan R.Wankhede.

Uploaded on :- 6/1/2017 (Personal Assistant) ...../-