Bombay High CourtAPPA/558/2016others disposed off

Jobi Ashokan Welythan v. State Of Maharashtra, Thr. P.S.O. P.S. Ramnagar, Chandrapur

2016-08-26Hon'Ble Shri Justice Sunil B. Shukre3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Criminal Appeal No.325 of 2016 (Jobi Ashokan Welythan vs.

The State of Maharashtra, through P.S.O. Chandrapur) =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

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CORAM

: S.B. SHUKRE, J.

DATE : 26 th AUGUST, 2016.

Heard Shri R.R. Vyas, learned Counsel for the appellant.

Issue notice to the respondent.

Shri C.A. Lokhande, learned A.P.P. waives notice on behalf of the respondent.

Admit.

Call for record and proceedings.

Criminal Application [APPA] No.558/2016 :

Heard.

Issue notice to the non-applicant/respondent. Shri C.A. Lokhande, learned A.P.P. waives notice on behalf of the respondent and seeks time to file reply. However, considering the fact that this appellant was on bail during trial and also the fact that he has been punished for an offence punishable under Section 212 read

with Sections 34, 109 and 114 of the Indian Penal Code and was sentenced to suffer rigorous imprisonment for three years with fine and the appellant has also deposited the fine amount, I am of the view that the applicant can be granted interim relief.

Accordingly, by way of an interim relief, it is directed that the substantive sentence of imprisonment imposed upon the appellant be suspended until further orders and the appellant be released on bail on his furnishing a P.R. Bond in the sum of Rs.25,000/- together with one solvent surety in the like sum on the condition that he shall attend this Court as and when required.

The application is disposed of in the aforesaid terms.

JUDGE *sdw

C E R T I F I C A T E I certify that this order uploaded is a true and correct copy of the original signed order.

Uploaded by: S.D. Waghmare Uploaded on : 29/08/2016 P.A. to the Hon'ble Judge.