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Bombay High CourtAPPA/529/2022allowed

Chetan Deepaksingh Thakur v. The State Of Mha. Thr. Pso Ps City Kotwali Amravati Tah. And Dist.Amravati

2022-07-08Hon'Ble Shri Justice Avinash G. Gharote2 pages

(1) 55APPA529.22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPA) NO. 529 OF 2022 Chetan Deepaksingh Thakur Vs.

The State of Maharashtra --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Ms Swati Kulkarni, Advocate h/f Mr. S.Y.Deopujari, Advocate for the applicant Mr. A.R.Chutke, APP for respondent /State CORAM :

AVINASH G. GHAROTE, J.

DATE : 08/07/2022 Ms. Kulkarni, learned counsel for the applicant submits that the applicant has already surrendered before the Police authority, as the order granting suspension of sentence and release on bail was only for the appeal period, which has already expired. Heard Ms. Kulkarni, learned counsel for the applicant. The Criminal Application (APPA) No. 529/2022 seeks condonation of delay of 13 days in filing of the appeal. Considering the quantum, though a formal objection is made by learned APP, the same is condoned. Application is allowed.

Office to register the appeal.

(2) 55APPA529.22 Considering the nature of the conviction, issue notice for final disposal at the admission stage, returnable on 1.8.2022 LearnedAPP waives notice for State.

An application under Section 389 of Cr.P.C.

has been filed for suspension of sentence and release on bail.

Considering the quantum of the sentence imposed upon the appellant by the judgment dated 24.3.2022, in spite of opposition by the learned APP, who waives notice for the State, the application is allowed. The sentence imposed by the learned Sessions Court is hereby suspended and the applicant be released on bail on executing a PR bond in sum of Rs. 15,000/- with one surety in the like amount.

Steno copy of the order be granted.

Hamdast granted.

JUDGE Rvjalit Digitally sign byRAJESH VASANTRAO JALIT Location: