Mr. Binoy Badal Datta (In Jail) v. State Of Maharashtra Through Police Station Officer, Gachiroli

1 appa817.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (APPA) NO.817/2015 Mr. Binoy Badal Datta ..Versus..

State of Maharashtra, through Police Station Officer, Gadchiroli, Tah. and Distt. Gadchiroli - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------- - 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.

DATE : 9.2.2016 Heard Shri Rajnish Vyas, advocate for the applicant/appellant and Ms. N.P. Mehta, A.P.P. for the non-applicant. The learned advocate for the applicant has pointed out certain discrepancies in the evidence on the record. It is submitted that there is no medical report to substantiate the commission of offence. It is further submitted that the applicant was working as Teacher in a school at Mulchera, Distt. Gadchiroli and has an unblemished record. It is further submitted that the applicant/appellant was not involved in any crime, earlier.

After considering the material on the record, I am satisfied that the applicant/appellant has made out case for suspension of sentence.

2 appa817.15 The order imposing punishment on the applicant/appellant by the judgment given in Sessions Case No.30/2015 by the learned Additional Sessions Judge, Gadchiroli is suspended during the pendency of the appeal. The applicant/appellant shall furnish bail before the Sessions Court. The application is allowed in the above terms.

JUDGE Tambaskar.