Shantaram S/O. Pandurang Lande v. The State Of Maharashtra Thr. Police Station Officer Police Station Khamgaon Buldhana

1 appa767.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CRIMINAL APPLICATION (APPA) NO.767 OF 2016 IN CRIMINAL APPEAL NO.436 OF 2016 (Shantaram s/o Pandurang Lande ..vs.. State of Maharashtra, through its PSO, PS Khamgaon, District Buldhana) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.V. Sirpurkar, Advocate for the applicant/appellant, Shri C.A. Lokhande, Addl.P.P. for the non-applicant/State. CORAM : P.N. DESHMUKH, J.

DATED : 01-12-2016 Issue notice to the non-applicant/State.

The learned Additional Public Prosecutor accepts notice on behalf of the non-applicant/State.

The learned Advocate for the applicant contended that the application be allowed in view of the fact that applicant is sentenced to suffer short sentence of two years and was on bail pending trial. It is also contended that the applicant's sentence is suspended by learned Sessions Court till 04-12-2016 and he has paid fine amount.

Perused the judgment of the learned Sessions Court wherein it is noted that the applicant is convicted for the offences punishable under Sections 323, 324,

2 appa767.16 341, 447 read with 149, Sections 147 and 148 of the Indian Penal Code. All the sentences are directed to run concurrently. Maximum sentence imposed upon the applicant is for the offence under Section 324 read with 149 of the Indian Penal Code for two years.

Having considered the facts of the case and as applicant is imposed with short sentence and was on bail pending trial, and has also deposited the fine amount, application is allowed.

Substantive sentence imposed on the applicant stands suspended.

The applicant shall be released on bail on his executing P.R. Bond in the sum of Rs.15,000/- with one surety in the like amount.

While on bail, the applicant shall mark his presence with Police Station, Khamgaon, District Buldhana once in six months pending appeal.

Criminal Appeal No.436 of 2016.

Heard.

Admit.

Call record and proceedings.

JUDGE adgokar