Natthu S/O Kawadu Gajabhe v. The Stae Of Mah. Thr. Pso Bhadrawati , Tqbhadrawati, Distchandrapur

apeal22.20.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPEAL NO.22/2020 Natthu s/o Kawadu Gajabhe .vs. State of Maharashtra through PSO P.S. Bhadrawati, Dist. Chandrapur.

_______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Mr. M. V. Rai, Advocate for appellant.

Mr. N. B. Jawade, A.P.P. for respondent-State. CORAM : V. M. DESHPANDE, J.

DATED : JANUARY 15, 2020 Heard Mr. Rai, learned counsel for appellant. ADMIT.

Learned A.P.P. waives notice for respondentState. Criminal Application (APPA) NO.35/2020 Heard Mr. Rai, learned counsel for applicant and Mr. Jawade, learned A.P.P. for non applicant-State. This is an application under Section 389 of the Code of Criminal Procedure for suspension of substantive jail sentence and for grant of bail.

The applicant was tried in Sessions Case No.

44/2010 and was convicted by learned Additional Sessions Judge, Warora on 22.11.2019 for an offence punishable under Section 326 of the Indian Penal Code and was directed to suffer rigorous imprisonment for three years and to pay a fine amount of Rs.10,000/-. The application states that the applicant could not move an application for bail before the trial Court since the applicant has not deposited

apeal22.20.odt the fine amount of Rs.10,000/-. Therefore, he was taken into custody and since then he is in jail. Now, the applicant has deposited the fine amount and photocopy of the receipt is placed on record, which shows that the amount of Rs.10,000/- is deposited.

The applicant was on bail during trial. At no point of time, he has misused the liberty granted to him. Looking to the quantum of punishment and the fact that the applicant was on bail during trial, I pass the following order.

ORDER

(i) The application is allowed.

(ii) Substantive jail sentence imposed upon the applicant on 22.11.2019 in Sessions Case No.44/2010 by learned Additional Sessions Judge, Warora shall remain suspended during the pendency of the present appeal. (iii) Applicant-Natthu s/o Kawadu Gajabhe be released on bail on he executing P.R. Bond in the sum of Rs.10,000/- with one solvent surety in the like amount. (iv) Applicant shall attend Police Station Bhadrawati, once in every six months during the pendency of the prersent appeal.

(v) The applicant is directed to remain personally present at the time of final hearing of the appeal. The application is disposed of.

JUDGE kahale