Umesh S/O Dilip Sanghele v. State Of Mah. Thr. Government Pleader High Court Nagpur

937.apeal.80.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION NO. 115 OF 2022 IN CRIMINAL APPEAL NO. 80 OF 2022 Umesh S/o. Dilip Sanghele .vs. State of Maharashtra -------------------------------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

-------------------------------------------------------------------------------------------------------------------- Shri H. M. Mohta, Advocate for the applicant Shri S. S. Doifode, APP for the respondent CORAM :

SUNIL B. SHUKRE AND G. A. SANAP , J J .

DATED :

06.07.

Heard.

2] Although there is a delay of about 11 days in lodging the FIR, we are of the view that prima facie same stands explained by the facts and circumstances brought on record by the prosecution and when the evidence of PW-5Mohammad Ayyaz Mohammad Isa is considered, on the said backdrop, we are of the prima facie view that this is not a fit case for suspension of the sentence and release of the accused/appellant on bail during the pendency of the appeal. This is although more so, because the appellant had, during pendency of the trial, breached condition of the bail and was required tobe arrested and brought before the trial Court for his prosecution.

The application, therefore, stands rejected. (G. A. SANAP, J.) (SUNIL B. SHUKRE, J.) Namrata Signed By:NAMRATA YOGESH DHARKAR P. A.

High Court Nagpur