Imam S/O Hittu Laluwale v. State Of Maharashtra, Through P.S.O. P.S. Malegaon, Washim

1 appr35.15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APPR) No. 35 of 2015 in CRIMINAL REVISION APPLICATION No. 27 of 2015 (Imam s/o Hittu Laluwale Vs. State of Mah. through P.S.O., P.S. Malegaon, Distt. Washim) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders Shri S. D. Chande, Advocate for the applicant Shri P. V. Bhoyar, APP for the State/non-applicant CORAM : P. B. VARALE, J.

DATE : 27-2-2015.

Heard learned counsel for the applicant and learned APP for the non-applicant.

By the present application, the applicant is seeking suspension of sentence and grant of bail. The learned counsel for the applicant submits that the applicant has raised substantial grounds in the revision application. He further submits that the learned Sessions Judge failed to appreciate the evidence in its proper perspective. He further submits that the applicant is a young boy and his only source of earning is labour work. He further submits that the applicant was .....2/-

2 appr35.15.odt on bail during the pendency of the trial and has not misused the liberty granted to him.

Considering the fact that the sentence awarded to the applicant is of three months and the same can be safely termed as short sentence. It is not disputed that the applicant has granted bail earlier and has not misused his liberty. Hence, the application is allowed.

The substantive sentence awarded to the applicant by judgment and order passed by the Sessions Judge, Washim dated 19-2-2015 in Criminal Appeal No. 51/2011 stands suspended during the pendency of the revision application. The applicant be released on bail on same terms and conditions as they were before the Sessions Court, Washim with fresh bail bonds.

The application is, accordingly, disposed of.

JUDGE wasnik ...../-