Sandip S/O. Ramaji Bhalavi (In Jail) v. State Of Maharashtra Thr. Police Station Kondhali Tah. Katol Dist. Nagpur

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (APPA) NO.96 OF 2017 IN CRIMINAL APPEAL NO............. OF 2017 Sandip s/o Ramaji Bhalavi ..vs..

State of Maharashtra, thr. Police Station Kondhali, Tahsil Katol, District Nagpur ....................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ....................................................................................................................................................... Shri V.K. Gulhane, counsel for the applicant. Shri N.B. Jawade, Addll.P.P. for the non-applicant.

CORAM

: P.N. DESHMUKH, J.

DATED : FEBRUARY 27, 2017.

Heard.

Issue notice to the non-applicant.

Learned Additional Public Prosecutor waives notice.

This application is filed for condonation of 291 days delay caused in filing criminal appeal against conviction. It is found that applicant is convicted for the offence punishable under Section 324 of the Indian Penal Code and is sentenced to suffer rigorous imprisonment for two years.

For the grounds mentioned in application, the same is allowed. Delay is condoned.

The application stands disposed of accordingly.

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Criminal Appeal No............. of 2017 Heard.

ADMIT.

Call record and proceedings.

Criminal Application No............ of 2017 Heard.

Issue notice to the non-applicant.

Learned Additional Public Prosecutor waives notice.

This is an application for suspension of substantive sentence imposed upon applicant and for bail contending that applicant is convicted for a period of two two years and was on bail pending Trial. It is found that applicant came to be convicted under Section 324 of the Indian Penal Code and is sentenced to suffer rigorous imprisonment for two years and to pay a fine of Rs.2,000/-, in default, to suffer simple imprisonment for three months.

Considering short sentence imposed as aforesaid and as he was on bail pending Trial and as it is not the case of prosecution that while on bail, applicant has misused liberty granted in his favour, application is allowed as per order below:

Applicant shall be released on bail on his executing P.R. Bond in the sum of Rs.15,000/- with one .....3/-

surety in the like amount.

While on bail, applicant shall attend Kondhali Police Station, Tahsil Katol, District Nagpur once in three months on the first day of each such month, pending trial.

Applicant shall pay an amount of fine within a period of one week from his being released on bail. 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 :- 28/2/2017 (Personal Assistant) ...../-