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Bombay High CourtAPPA/249/2018allowed

Ganesh Pandurang Chandurkar (In Jail) v. The State Of Maharashtra Thr. P.S.O. Ballarshah Dist. Chandrapur

2018-04-23Hon'Ble Shri Justice V.M. Deshpande3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CRIMINAL APPEAL NO.183/2018 Ganesh Pandurang Chandurkar ..vs..

The State of Mah., thr. PSO Ballarshah, Chandrapur ................................................................................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ................................................................................................................................................................................................................ Shri Y.B. Mandpe, Counsel for the appellant.

Shri V.A. Thakare, Addl.P.P. for the State.

CORAM

: V.M. DESHPANDE, J.

DATED : APRIL 23, 2018.

1.

Heard learned counsel Shri Y.B. Mandpe for the appellant.

2.

ADMIT.

3.

Learned Additional Public Prosecutor Shri V.A. Thakare waives service on behalf of the State. Criminal Application (APPA) No.249/2018 1.

This is an application for suspension of substantive jail sentence and for grant of bail.

2.

Heard learned counsel for the applicant/appellant and learned Additional Public Prosecutor for the State. Also, perused the impugned judgment.

3.

Looking to the evidence, as discussion by learned .....2/-

Judge of the Court below and the fact that the applicant/appellant was on bail during the pendency of the Trial and at no point of time he has misused the liberty granted to him in his favour, I pass following order:

ORDER

(i) The criminal application is allowed.

(ii) Substantive jail sentence imposed upon the applicant/appellant on 7.3.2018 by learned Additional Sessions Judge, Chandrapur in Sessions Case No.118/2012 shall remain suspended during the pendency of the present appeal.

(iii) Applicant/appellant Ganesh Pandurang Chandurkar, be released on bail on his executing a P.R. Bond in the sum of Rs.25,000/- with two solvent sureties of the like amount. (iv) Learned Judge of the Court below, before whom the bail bond will be executed, shall ensure that the entire fine amount is paid. (v) The applicant/appellant is directed to remain personally present before this Court at the time of final hearing of the appeal. (vi) With this, the criminal application is allowed and disposed of accordingly.

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JUDGE !! BRW !!

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