Ashok S/O. Rambhau Bire (In Jail) v. State Of Maharashtra Thr. Police Station Officer Police Station Talegaon Dist. Amravati

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION NO.48/2018 IN CRIMINAL REVISION NO.32/2018 Ashok s/o Rambhau Bire (In Jail) ..vs.. State of Maharashtra through PSO P.S. Talegaon Dashashar, Tq. Dhamangaon Railway, Dist. Amravati. _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. B. Dafle, Advocate for applicant.

Mr. A. Madiwale, A.P.P. for non applicant-State. CORAM : V.M. DESHPANDE, J.

DATED : FEBRUARY 12, 2018 1.

Heard Mr. Dafle, Advocate for applicant and Mr.Madiwale, A.P.P. for non applicant-State.

2.

This is an application under Section 389 of the Code of Criminal Procedure for suspension of substantive jail sentence and for grant of bail.

3.

The learned trying Magistrate in Regular Criminal Case No.124/2008 convicted the applicant for an offence punishable under Sections 448 and 354 of the Indian Penal Code. For the offence under Section 448 of the IPC, the applicant was directed to suffer rigorous imprisonment for 6 months and to pay a fine of Rs.500/-, in default of payment of fine, to suffer rigorous imprisonment for 3 months. For the offence under Section 354 of the Indian Penal Code the applicant was directed to suffer rigorous imprisonment for one month and to pay a fine of Rs.3000/- in default to suffer rigorous imprisonment for six months.

Both sentences were directed to run concurrently. 4.

Being dissatisfied with the said verdict, Criminal Appeal No.216/2013 was filed before the appellate Court and the learned Additional Sessions Judge, Amravati on 03.02.2018 dismissed the appeal. Immediately, the applicant was taken into custody and he is in jail from 03.02.2018. 5.

The applicant was on bail throughout during the pendency of trial and also during the pendency of the appeal and at no point of time, he has misused the liberty granted to him.

The statement is accepted. Since the revision gives rise to an arguable question, today this Court has admitted the revision.

6.

Looking to the quantum of sentence and looking to the pendency of the revisions, in near future, the present revision is not going to be taken up for its final hearing. Thus, the applicant has made out a case for grant of bail. Hence, following order is passed.

ORDER

(i) Criminal Application No.48/2018 is allowed.

(ii) The substantive jail sentence imposed upon the applicant-Ashok Rambhau Bire in Regular Criminal Case No.124/2008 decided on 29.10.2013 by Judicial Magistrate First Class, Dhamangaon and confirmed in Criminal Appeal No.216/2013 decided on 03.02.2018 by Additional Sessions

Judge-3, Amravati shall remain suspended during the pendency of the present revision.

(iii) The applicant-Ashok Rambhau Bire be released on bail on he executing P.R. Bond in the sum of Rs.5,000/- with one solvent surety in the like amount.

(iv) The bail bonds shall be executed before the trial Court. The learned trial Judge shall ensure that the entire fine amount is paid, if not paid earlier.

(v) The applicant shall remain personally present before this Court at the time of hearing of present revision. The application is disposed of.

JUDGE kahale