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Bombay High CourtAPPR/124/2019allowed

Rameshwar @ Rama Prakash Mundale v. State Of Mah, Thr P.So. P.S. Dahihanda

2019-04-10Hon'Ble Shri Justice Murlidhar Ganpatrao Giratkar2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CRIMINAL REVISION APPLICATION NO.83/2019 Rameshwar @ Rama Prakash Mundale ..vs..

State of Mah., thr. P.S.O. P.S. Dahihanda, Taluka Akot, District Akola ............................................................................................................................................................................................. Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ............................................................................................................................................................................................. Shri Anil S.Mardikar, Senior Counsel with Shri R.S.Khemuka, Adv. for the Applicant.

CORAM

: M.G.GIRATKAR, J.

DATED : APRIL 10, 2019.

1.

Heard learned senior counsel Shri Anil S.Mardikar for the applicant.

2.

ADMIT. The record and proceedings be called for.

3.

Learned Additional Public Prosecutor Shri S.D.Sirpurkar waives service.

Criminal Application (APPR) No.124/2019 1.

This is an application for suspension of substantive jail sentence and for grant of bail. 2.

Heard learned senior counsel Shri Anil S.Mardikar for the applicant and learned Additional Public Prosecutor Shri S.D.Sirpurkar for the State.

3.

The applicant is convicted by learned Magistrate for offences under Sections 279 and 338 of the Indian Penal Code and under Section 184 of the Motor Vehicles Act. The judgment and order of conviction is maintained by learned .....2/-

revn83.19 24 Additional Sessions Judge at Akot.

4.

Learned counsel for the applicant submits that the applicant is in jail since 2.4.2019. Punishment to the applicant for offences under Sections 279 and 338 of the Indian Penal Code is to the extent of 6 months and fine of Rs.1000/-.

5.

Looking to the short sentence, the applicant is entitled for grant of bail. Hence, following order is passed.

ORDER

(i) The criminal application is allowed.

(ii) Pending disposal of the present criminal revision application, the substantive jail sentence imposed upon the applicant shall stand suspended.

(iii) The applicant be released on bail on he executing a P.R.Bond and surety to the satisfaction of the Trial. (iv) The Trial Court before whom the Bail Bond will be executed shall ensure that before releasing the applicant on bail the applicant has deposited the entire fine amount. (v) With this, the criminal application is disposed of as such. JUDGE !! BRW !!

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