Ankush S/O Vishnu More v. The State Of Mah. Thr. Pso, Ps Mehkar Tq. Mehkar Dist. Buldhana.

2023:BHC-NAG:16267

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APPA) NO. 1144 OF 2023 IN CRIMINAL APPEAL NO. 703 OF 2023 Ankush S/o. Vishnu More .Vs.

The State of Maharashtra, Through PSO, PS Mehkar, Dist. Buldhana _______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr V. R. Deshpande, Counsel for the appellant Mr Vinod Thakare, APP for the State CORAM :

SHIVKUMAR DIGE, J.

DATE :

NOVEMBER 08, 2023 1.

Heard.

2.

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

3.

The appellant is convicted for the offences punishable under Sections 332, 353, 504, 506 of the Indian Penal Code and Section 122/177 of the Motor Vehicles Act, 1988 vide judgment and order dated 13.10.2023 passed by learned Additional Sessions Judge, Mehkar, Distt. Buldhana. The appellant is sentenced to suffer rigorous imprisonment for six months and to pay fine of Rs.5000/- for the offences punishable under

Sections 353, 332 and 506 of IPC on each count and further sentenced to suffer rigorous imprisonment for three months and to pay fine of Rs.2000/- for the offence punishable under Section 504 of IPC. For the offence punishable under Section 122/177 of the Motor Vehicles Act, 1988 he is sentenced to pay fine of Rs.500/- 4.

It is stated that during the pendency of the trial the appellant was on bail. There is no allegation of misuse of liberty by him during the pendency of the trial. It is pointed out that considering the quantum of substantive sentence the learned Additional Sessions Judge, Mehkar, Disttrict Buldhana was pleased to suspend the substantive sentence. Learned Advocate for the appellant submits that the appellant has deposited the fine amount. In the fact and circumstances, the application is allowed.

5.

The substantive sentence awarded by learned Additional Sessions Judge, Mehkar, Distt. Buldhana vide judgment and order dated 13.10.2023 shall remain suspended during the pendency of this appeal. 6.

The appellant be released on bail on same

terms and conditions as imposed by the learned Additional Sessions Judge, Mehkar, Buldhana at the time of suspension of sentence.

7.

The application stands disposed of.

C RIMINAL APPLICATION (APPA) NO. 1143 OF 8.

At the request of learned APP stand over to 01.12.2023.

(SHIVKUMAR DIGE, J.) Namrata