Pratik S/O Sopan Bagade v. State Of Maharashtra, Through P.S.O. Chandrapur City, Chandrapur

1 apeal75.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPEAL NO.75/2016 Pratik S/o Sopan Bagade ..Versus..

State of Maharashtra, through P.S.O. Chandrapur City, Chandrapur - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A. HAQ, J.

DATE : 1.3.2016 Heard Shri Shashibhushan Wahane, advocate for the appellant and Shri N.B. Jawade, A.P.P. for the respondent.

ADMIT.

Call R & P.

Shri N.B. Jawade, waives notice for the respondent. CRIMINAL APPLICATION (APPA) 143/2016.

Considering the nature of allegations as recorded by the Sessions Court in paragraph no.16 of the judgment, the fact that the appellant is aged about 23 years and is an

2 apeal75.16 engineering graduate, that the appellant is not involved in any crime earlier as submitted by the learned advocate for the appellant and the fact that the appellant was released on bail during the pendency of trial and nothing adverse is reported against him, in my view, the order of sentence has to be suspended. Hence, the following order: The order of sentence imposed by the learned Additional Sessions Judge by the judgment passed in Sessions Trial No.134/2013 on 24 th February, 2016 is suspended during the pendency of the appeal. If the custody of the appellant is not required in any other crime, he be released on bail on same terms and conditions on which he was released during trial.

The application is allowed in the above terms. JUDGE Tambaskar.