Bombay High CourtCRMA/19/2016disposed of

Vishakha Fadte, v. State, Through Police Inspector, Bicholim Police Station, Bicholim, Goa.

2016-01-29Hon'Ble Shri Justice S. B. Shukre2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL MISC. APPLICATION NO. 19 OF 2016 IN CRIMINAL APPEAL NO. 8 OF 2016 VISHAKHA FADTE, ... Applicant

Versus

STATE, THROUGH POLICE INSPECTOR, BICHOLIM POLICE STATION, BICHOLIM, GOA.

... Respondent Mr. Pavithran A.V., Advocate for the applicant. Mr. S. R. Rivankar, Public Prosecutor for the respondent. Coram:- S. B. SHUKRE, J.

Date:- 29th January, 2016 P.C.

Shri Rivankar, learned Public Prosecutor waives service of notice for the respondent.

2. Heard learned Counsel for the applicant/appellant and learned Public Prosecutor for the respondent.

3. The substantive sentences of imprisonments are hereby suspended till final disposal of the appeal and till that time, the appellant be released on bail on her furnishing a P.R. Bond of Rs.15,000/- together with one solvent surety in the like amount on condition that the appellant shall attend this Court as and when required.

4. Learned Counsel for the appellant submits that the appellant is not possessed of sufficient means to pay fine amount and, therefore, the sentence of fine be also suspended or in the alternative, she be

CRMA/19/2016 allowed to pay reduced amount of fine till final disposal of the appeal. Learned Public Prosecutor for the State submits that an appropriate order may be passed in this regard.

5. Having regard to the submissions of the learned Counsel for the appellant and also the question involved in this appeal, I am of the view that at this stage allowing the appellant to pay reduced fine amount should serve the ends of justice.

6. Accordingly, it is also directed that the appellant, instead of paying the full fine amount as mentioned in the impugned judgment and order, shall deposit in this Court an amount of Rs.25,000/- within a period of four weeks from the date of order and this order shall remain valid until final disposal of the appeal.

7. Bail bond to the satisfaction of the learned Registrar of this Court.

8. Application stands disposed of.

Parties to act on the authenticated copy of the order. S. B. SHUKRE, J.

SMA