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Bombay High CourtCRMA/127/2018allowed

Sajjan Gaonkar, Currently In Jail At Colvale., v. The State Of Goa, Thr. Police Inspector, Bicholim Police Station And ANR.,

2018-04-20Hon'Ble Shri Justice C. V. Bhadang3 pages

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL MISC. APPLICATION NO. 127 OF 2018 IN CRIMINAL APPEAL NO. 41 OF 2018 SAJJAN GAONKAR, CURRENTLY IN JAIL AT COLVALE., ... Applicant

Versus

THE STATE OF GOA, THR. POLICE INSPECTOR, BICHOLIM POLICE STATION AND ANR., ... Respondents Adv. R. Menezes for the Applicant.

Mr. P. Faldesai, Addl. Public Prosecutor for the Respondents. Coram:- C. V. BHADANG, J.

Date:- 20th April 2018 Oral Order:

This is an application for suspension of sentence.

2. The applicant has been convicted for the offence punishable under section 279, 337 and 304 Part (II) of I.P.C. For the offence punishable under section 279 of I.P.C, the applicant is sentenced to suffer imprisonment for three months and to pay a fine of Rs.1000/-. For the offence punishable under section 337 of I.P.C, the applicant is sentenced to suffer imprisonment for three months and to pay a fine of Rs.500/- and lastly for the offence punishable under section 304 Part (II) the applicant is sentenced

CRMA/127/2018 to suffer imprisonment for a period of four months and to pay a fine of Rs.25,000/-. All the sentences are directed to run concurrently. The applicant was all along on bail during the course of the trial. The Criminal Appeal is admitted. In that view of the matter, on hearing the learned counsel for the applicant and the learned Addl. Public Prosecutor, the following order is passed:

ORDER:

(i) The substantive sentence of imprisonment awarded to the applicant is suspended pending disposal of the appeal, on the condition of the applicant furnishing a P.R. Bond in the sum of Rs.25,000/- with one solvent surety in the like amount and on deposit of the fine, within one week, if not already deposited. (ii) The Bail Bonds to be furnished before the learned Sessions Judge.

(iii) The learned Session Judge shall send a compliance report of the deposit of fine.

(iv) For reporting compliance, stand over to 2.5.2018.

CRMA/127/2018

3) Authenticated copy of this order be issued. C. V. BHADANG, J.

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