Avinash Kantilal Katkar v. State Of Maharashtra Thr. Police Station Officer, Guggus Police Station Chandrapur

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CRIMINAL APEAL NO.86 OF 2017 Avinash Kantilal Katkar ..vs..

State of Maharashtra, through Police Station Officer, Guggus Police Station, Chandrapur ....................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ....................................................................................................................................................... Shri Mir Nagman Ali, Counsel for the appellant. Shri Nikhil Joshi, Addll.P.P. for the State.

CORAM

: P.N. DESHMUKH, J.

DATED : MARCH 7, 2017.

Heard.

Issue notice to the respondent.

Learned Additional Public Prosecutor waives notice on behalf of the respondent.

ADMIT.

Call record and proceedings.

Criminal Application (APPA) No.154 of 2017 Heard.

Issue notice to the non-applicant.

Learned Additional Public Prosecutor waives notice on behalf of the non-applicant. This application is filed for suspension of substantive sentence and for bail contending that applicant was on bail, pending Trial and maximum .....2/-

sentence imposed upon applicant for the offences punishable under Sections 354(A) and 452 of the Indian Penal Code is of rigorous imprisonment for two years and to pay a fine of Rs.10,000/-, in default, to suffer rigorous imprisonment for three months. It is, therefore, prayed that application be allowed as applicant was on bail, pending Trial.

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

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.

Applicant shall pay entire fine amount within a period of one month from today and shall place on record copy of receipt thereof.

While on bail, applicant shall mark his presence with Guggus Police Station, Chandrapur once in three months on the first day of each such month, pending appeal.

Application stands 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 :- 8/3/2017 (Personal Assistant) ...../-