Sandesh Swamidas Takalla (In Jail) v. The State Of Maharashtra, Through P.S.O. Ghuggus, Chandrapur

appp.235.16 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Criminal Application [APPP] No.235 of 2016 in Criminal Appeal No.85 of 2016 in Criminal Appeal No.49 of 2016 (Sandesh Swamidas Takalla vs.

State of Maharashtra, through P.S.O. Ghuggus, Tah. and Dist. Chandrapur) =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

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CORAM

: Z.A. HAQ, J.

DATE : 29 th FEBRUARY, 2016.

Heard Shri Y.B. Mandpe, learned Advocate for the appellant and Shri A.K. Bangadkar, learned A.P.P. for the respondent.

While disposing Criminal Application [APPA] No.85 of 2016, this Court directed suspension of sentence and release of the appellant on bail on the same terms and conditions, as imposed by the trial Court while granting the bail. The learned Advocate for the appellant has submitted that the appellant was not on bail during the trial and, therefore, the order passed on 15/02/2016 is required to be modified. The learned Advocate has pointed out paragraph No.5 of Criminal Application [APPA] No.85 of 2016, in which it is stated that the appellant was not on bail during the trial.

appp.235.16 2/2 In view of the facts on record, the order dated 15/02/2016 is modified as follows :

The sentence imposed on the appellant by the learned Special Judge in Special Criminal Case (POSCO) No.51 of 2015 by the judgment dated 16/01/2016 is suspended till the decision of the appeal. If the custody of the appellant is not required in any other case, he be released on bail on furnishing P.R. Bond in the sum of Rs.20,000/- and one solvent surety in the like amount.

The application is allowed in above terms.

JUDGE *sdw