Bombay High CourtAPPA/957/2017bail granted rejectedfor apeal

Vikas Biren Biswas (In Jail) v. State Of Maharashtra Thr. Police Station Officer Police Station Sironcha Dist. Gadchiroli

2017-11-14Hon'Ble Kum. Justice Indira Jain2 pages

1 appa957.17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION [APPA] NO.957 OF 2017 IN CRIMINAL APPEAL NO.556 OF 2017 [Vikas Biren Biswas .vs. 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 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : KUM. INDIRA JAIN, J.

DATED : NOVEMBER 14, 2017.

Heard Shri V.N. Morande, learned counsel for applicant and Mrs. Swati V. Kolhe, learned APP for non-applicant/State.

By this application under section 389 of the Code of Criminal Procedure, applicant is seeking suspension of substantive sentence of imprisonment awarded by the learned Sessions Judge, Gadchiroli vide judgment and order dated 1.11.2017 in Sessions Case No.74/2011.

Applicant is convicted of the offences punishable under sections 307, 332, 186, 353 read with 34 of the Indian Penal Code. The maximum sentence awarded by the trial court is five years. Applicant was on bail during trial. Main role is attributed to other co-accused.

Considering the short term sentence and as applicant was on bail during trial, this court is inclined to allow the application. Hence, the following order :

ORDER

(i) The execution of substantive sentence of

2 appa957.17.odt imprisonment is suspended during pendency of appeal on applicant's furnishing PR Bond in the sum of Rs.15,000/- with one surety in the like amount to the satisfaction of the trial court.

(ii) Criminal Application No.957/2017 is allowed and disposed of.

CRIMINAL APPEAL NO.556 OF 2017 Heard.

Admit.

Call R & P.

Mrs. Swati V. Kolhe, learned APP waives service of notice for respondent-State.

JUDGE Gulande