Swami Durgaya Gajula v. State Of Maharashtra, Thr. P.S.O. Gadchandur, Chandrapur

appa407.17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APPA) NO.407/2017 IN CRIMINAL APPEAL NO.246/2017 Swami Durgaya Gujala ..vs.. State of Maharashtra thr. PSO P. S. Gadchandur, Dist. Chandrapur _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders Mr. S. G. Bhagat, Advocate for applicant.

Ms T. Udeshi, A.P.P. for non applicant.

CORAM : V.M. DESHPANDE, J.

DATED :

JULY 7, 2017 This is an application for suspension of substantive jail sentence and for grant of bail. Though the learned A.P.P. has opposed the application, perusal of the record shows that the applicant was convicted by the learned Sessions Judge in Sessions Case No.60/2013 for an offence punishable under Section 324 and 307 of the IPC and he is directed to suffer rigorous imprisonment for one year. This Court has already admitted the appeal on 24.05.2017. On the said day itself, this Court had already granted bail until further orders.

After hearing the parties and looking to the quantum of sentence, I am of the view that this Court should exercise discretion in favour of the applicant. Consequently, present application is allowed.Substantive jail sentence awarded to the applicant stands suspended. The order passed by this court on 24.05.2017 stands confirmed. The applicant shall remain personally present before the Court at the time of final hearing. JUDGE kahale