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Bombay High CourtAPPA/377/2018allowed

Vijay S/O. Bubhash Chandale v. State Of Maharashtra Thr. Pso Old City Akola

2018-04-17Hon'Ble Shri Justice V.M. Deshpande3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CRIMINAL APPEAL NO.260/2018 Vijay s/o Subhash Chandale ..vs..

State of Mah., thr. PSO Old City Akola, Tahsil and District Akola ................................................................................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ................................................................................................................................................................................................................ Shri A.M. Jaltare, Counsel for the appellant. Shri N.S. Rao, Addl.P.P. for the State.

CORAM

: V.M. DESHPANDE, J.

DATED : APRIL 17, 2018.

1.

Heard learned counsel Shri A.M. Jaltare for the appellant.

2.

ADMIT.

3.

Learned Additional Public Prosecutor Shri N.S. Rao waives service on behalf of the State.

Criminal Application (APPA) No.377/2018 1.

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

2.

Heard learned counsel Shri A.M. Jaltare for the applicant/appellant and learned Additional Public Prosecutor Shri N.S. Rao for the State.

3.

The applicant/appellant was on bail throughout .....2/-

during the course of the Trial and at no point of time he has misused the liberty granted to him in his favour.

4.

After perusing the impugned judgment, I find that the applicant/appellant has made out a good prima facie case for suspension of substantive jail sentence and for grant of bail. Hence, I pass the following order:

ORDER

(i) The criminal application is allowed.

(ii) Substantive jail sentence imposed upon the applicant/appellant on 27.2.2018 in Sessions Case No.93/2013 by learned Special Judge, Akola shall remain suspended during the pendency of the present appeal.

(iii) Applicant/appellant Vijay s/o Subhash Chandale, be released on bail on he executing a P.R. Bond in the sum of Rs.5000/- with one solvent surety of the like amount.

(iv) Bail before the Trial Court.

(v) The applicant/appellant is directed to remain personally present before this Court at the time of final hearing of the appeal. .....3/-

(vi) With this, the criminal application is allowed and disposed of accordingly.

JUDGE !! BRW !!

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