Bharat Kushabrao Yelmule v. State Of Mah. Thr P.So. P.S Dhaba And Dist Chandrapur

apeal826.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPEAL NO.826/2019 Bharat Kushabrao Yelmule .vs. State of Maharashtra through PSO P.S. Dhaba, Dist. Chandrapur.

_______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Mr. S. O. Ahmed, Advocate for applicant.

Mr. M. J. Khan, A.P.P. for non applicant-State. CORAM : V. M. DESHPANDE, J.

DATED : DECEMBER 18, 2019 Heard Mr.Ahmed, learned counsel for appellant. Admit. Call for the record and proceedings.

Learned A.P.P.waives notice for respondent-State. Criminal Application No. 1077/2019 This is an application for suspension of substantive jail sentence and for grant of bail. This applicant is convicted by learned Additional Sessions Judge, Chandrapur on 20.11.2019 in Special (Atrocity) Case No.3/2014 and though he is acquitted of the offence punishable under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, he is convicted for the offence punishable under Section 354 of the Indian Penal Code and he is directed to suffer rigorous imprisonment for one year and to pay a fine of 1,000/-. ↗ù Learned counsel for applicant submits that after conviction, applicant filed an application for bail before the

apeal826.19.odt learned Judge who has tried the case and the learned trial Judge on 20.11.2019 has suspended the jail sentence for a period of one month on furnishing P.R. Bond of 15,000/- ↗ù with one solvent surety. He submits that the fine amount is already deposited and a photocopy of the receipt showing deposit of fine amount is placed on record.

In that view of the matter, I pass following order.

ORDER

(i) The application is allowed.

(ii) Substantive jail sentence imposed upon applicant by learned Additional Sessions Judge, Chandrapur in Special (Atrocity) Case No.3/2014 shall remain suspended during pendency of the present appeal.

(iii) Applicant-Bharat Kushabrao Yelmule be released on bail on he executing fresh P.R. Bond in the sum of 15,000/- with one solvent surety in the like amount, within ↗ù one month from today.

(iv) Applicant is directed to attend Police Station, Dhaba, Dist. Chandrapur, once in six months, during pendency of the present appeal.

(v) Applicant shall remain personally present before this Court at the time of final hearing of this appeal. The application is disposed of.

JUDGE kahales