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Bombay High CourtAPPA/759/2015allowed

Sunil S/O Wamanrao Mahure v. State Of Maharashtra, Thr. Pso, Rajura

2016-02-25Hon'Ble Shri Justice Z.A. Haq2 pages

1 appa759.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CRIMINAL APPLICATION (APPA) NO.759 OF 2015 IN CRIMINAL APPEAL NO.146 OF 2015 (Sunil s/o Wamanrao Mahure ..vs.. State of Maharashtra, through PSO Rajura) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A. HAQ, J.

DATED : 25-02-2016 Heard Smt. P.P. Chobe, learned Advocate (appointed) for the applicant/appellant and Shri N.B. Jawade, learned Additional Public Prosecutor for the non-applicant/respondent.

Considering the fact that the applicant/appellant is sentenced to undergo rigorous imprisonment for two years and nine months and pendency of appeals of earlier years of accused who are in Jail and the fact that it would not have possible to take up the appeal for hearing, in my view, the applicant is entitled to be released on bail.

Hence, the following order :

i) The sentence imposed on the applicant/appellant for the offences punishable under Sections 380 and 457 is suspended and if he is not required in any other crime, he be released on bail on the same terms and conditions on which he was

2 appa759.15 released on bail by the trial Court.

ii) The fees of the learned Advocate (appointed) for the applicant/appellant are quantified at Rs.1,500/-. iii) The application is allowed in the above terms. JUDGE pma