Chandrashekhar S/O. Kishore Pedapaklliwar v. State Of Maharashtra Thr. City Pso Police Station Chandrapur

06704appa213.17 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPA) NO.213 OF 2017 IN CRIMINAL APPEAL NO. 99 OF 2017 (Chandrashekhar s/o Kishore Pedapalliwar vs. State of Maharashtra) ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Shri A.C. Jaltare, Advocate for applicant.

Shri H.D. Dubey, Additional Public Prosecutor for respondent.

--------- CORAM : P.N. DESHMUKH, J.

DATED : APRIL 7, 2017 Shri Jaltare, learned Counsel for applicant, has tendered at Bar certified copy of the order passed by learned trial Court suspending sentence imposed upon applicant.

Same is taken on record and marked "X" for identification.

This is an application for suspension of substantive sentence imposed upon applicant and for grant of bail.

Heard Shri Jaltare, learned Counsel for applicant, and Shri Dubey, learned Additional Public Prosecutor for respondent.

Shri Jaltare, learned Counsel for applicant, submits that applicant was on bail pending trial and on conviction, learned trial Court has suspended sentence of applicant till appeal period is over. It is submitted that applicant has paid the amount of fine. It is prayed that pending appeal, sentence of applicant be suspended and

06704appa213.17 2/2 he be released on bail.

Applicant is found convicted for the offence punishable under Section 392 read with Section 34 of Indian Penal Code and is sentenced to suffer rigorous imprisonment for 20 months and to pay fine of Rs.5000/- and in default of payment of fine, to suffer rigorous imprisonment for two months. Applicant is found to be on bail pending trial and his sentence is suspended by learned trial Court till appeal period is over. It is submitted by learned Counsel for applicant that applicant has paid fine amount.

In that view of the matter and as applicant is imposed with short sentence, following order is passed : Applicant be released on bail on his executing a P.R. bond in the sum of Rs.20,000/- with one surety in like amount. While on bail, applicant shall mark his presence with Police Station, Chandrapur on 1st day of every three months pending appeal.

JUDGE khj