Shri. Shailesh @ Guddu S/O. Balvantrao Devgirikar v. State Of Maharashtra Thr. P.S.O. Saoner, Saoner Police Station Dist. Nagpur

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CRIMINAL APPEAL NO.46 OF 2017 Shri Shailesh @ Guddu S/o Balvantrao Devgirikar ..vs..

State of Maharashtra, thr. P.S.O. Saoner, Saoner Police Station, District Nagpur ....................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ....................................................................................................................................................... Shri A.A. Mardikar, counsel for the appellant. Shri Nihil Joshi, Addll.P.P. for the non-applicant.

CORAM

: P.N. DESHMUKH, J.

DATED : FEBRUARY 15, 2017.

Heard.

ADMIT.

Learned Additional Public Prosecutor waives notice.

The record and proceedings be called for.

Criminal Application (APPA) No.103 of 2017 Heard.

This application is filed for suspension of substantive sentence imposed upon applicant and for bail.

Learned counsel for the applicant has submitted that applicant was on bail pending Trial and has made payment of fine amount.

Record reveals that applicant is convicted .....2/-

for the offence punishable under Section 323 of the Indian Penal Code and is sentenced to suffer rigorous imprisonment for one year and to pay a fine of Rs.1,000/-, in default, to suffer rigorous imprisonment for six months.

Considering that applicant was on bail pending Trial and as it is no case of the prosecution that while on bail applicant has misused liberty grant to him and since had made payment of fine amount, the application is liable to be allowed as applicant is found to have convicted for a short sentence. Hence, the following order :

The criminal application is allowed.

Applicant shall be released on bail on his executing P.R. Bond in the sum of Rs.25,000/- with one surety in the like amount.

While on bail, applicant shall mark presence with Saoner Police Station, District Nagpur quarterly on the first day of each such month, pending appeal. The 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 :- 15/2/2017 (Personal Assistant) ...../-