Mrs. Rajashree Sawant, Presently Lodged In Central Jail, Colvale., v. State, Thr. Police Inspector, Mapusa Police Station, Mapusa And ANR.,

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL MISC. APPLICATION NO. 94 OF 2017 IN CRIMINAL REVISION APPLICATION NO. 18 OF 2017 MRS. RAJASHREE SAWANT, PRESENTLY LODGED IN CENTRAL JAIL, COLVALE., ... Applicant

Versus

STATE, THR. POLICE INSPECTOR, MAPUSA POLICE STATION, MAPUSA AND ANR., ... Respondents Mr. A. V. Pavithran, Advocate under Legal Aid Scheme for the applicant.

Mr. M. Amonkar, Additional Public Prosecutor for the respondents.

Coram:- C. V. BHADANG, J.

Date:- 22nd March, 2017 P.C.

This is an application for suspension of sentence.

2. The applicant was convicted by the learned Magistrate for the offence punishable under Sections 326 and 504 of Indian Penal Code (IPC, for short). In appeal, the conviction under Section 326 of IPC has been modified to one under Section 325 of IPC. The conviction under Section 504 of IPC is maintained. For the offence punishable under Section 325 of IPC, the applicant has been sentenced to suffer imprisonment for a period of six months and to pay fine of Rs.7,500/-, while under Section

CRMA/94/2017 504, the applicant has been sentenced to pay fine of Rs.2,500/-. The applicant was all along on bail during the course of trial and during the pendency of appeal. In such circumstances, the following order is passed :

ORDER

(i) The application is allowed.

(ii)The substantive sentence of imprisonment is hereby suspended, subject to the applicant furnishing P.R. Bond in the sum of Rs.15,000/- with one solvent surety in the like amount and on condition of deposit of fine. (iii)Fine to be deposited and bail bonds to be furnished before the learned Sessions Judge.

(iv) Parties to act on the authenticated copy of the order. C. V. BHADANG, J.

SMA