Mr. Remedious D'Silva Presently Undergoing Sentence At Sub Jail Vasco. v. State Thr. Pp And ANR.

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL MISC. APPLICATION NO. 152 OF 2016 IN CRIMINAL REVISION APPLICATION NO. 37 OF 2016 MR. REMEDIOUS D'SILVA PRESENTLY UNDERGOING SENTENCE AT SUB JAIL VASCO.

... Applicant

Versus

STATE THR. PP AND ANR.

... Respondent Shri Arun Bras De Sa, Advocate for the Applicant. Shri S.R. Rivankar, Public Prosecutor for the Respondents. Coram:- C. V. BHADANG, J.

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

Heard learned Counsel for the applicant and the learned Public Prosecutor for the respondents-State.

2. The applicant has been convicted for the offence punishable under Sections 279, 338 and 304-A of IPC. Under Section 279, the applicant has been sentenced to suffer simple imprisonment for 6 months and to pay fine of Rs.1,000/- and in default to suffer imprisonment for one month. Under Section 338, the applicant has been sentenced to suffer simple imprisonment for 6 months and to pay a fine of Rs.1,000/- and in default to suffer simple imprisonment for two weeks while under Section 304-A of IPC, the applicant has been sentenced to suffer imprisonment for one year. The said

CRMA/152/2016 judgment of conviction has been confirmed in appeal. The applicant was on bail during the course of trial and also during the pendency of the appeal. The applicant is stated to be aged 62 years.

3. In such circumstances, the following order is passed: (i) The substantive sentence of imprisonment is suspended during the pendency of the Criminal Revision Application. (ii) The applicant shall be released on execution of the PR bond in the sum of Rs.15,000/- with one solvent surety in the like amount. (iii) The applicant shall deposit the amount of fine within a period of one week from today.

(iv) The bail bond be furnished before the learned Magistrate. C. V. BHADANG, J.

NH