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Bombay High CourtCRMA/159/2016allowed

Prasad Kubal Presently Lodged As Convict Prisoner At Central Jail, Colvale v. State (Through P.I. Agacaim Police Station, Agacaim, And ANR.,

2016-08-05Hon'Ble Shri Justice C. V. Bhadang2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL MISC. APPLICATION NO. 159 OF 2016 IN CRIMINAL APPEAL NO. 53 OF 2016 PRASAD KUBAL PRESENTLY LODGED AS CONVICT PRISONER AT CENTRAL JAIL, COLVALE ... Applicant

Versus

STATE (THROUGH P.I. AGACAIM POLICE STATION, AGACAIM, AND ANR., ... Respondents Shri S.G. Desai, Senior Advocate with Shri Pavithran A.V., Advocate for the Applicant.

Shri M. Amonkar, Additional Public Prosecutor for the Respondent. Coram:- C. V. BHADANG, J.

Date:- 5th August, 2016 P.C.:

Heard learned Senior Counsel for the applicant and the learned Additional Public Prosecutor.

2. The applicant has been convicted for the offence punishable under Section 326 of IPC and has been sentenced to suffer Rigorous Imprisonment for four years and to pay fine of Rs.10,000/- and in default to undergo Rigorous Imprisonment for three months. It is evident from record that the applicant was on bail during the course of the trial.

3. In such circumstances, the following order is passed:

CRMA/159/2016 (i) The substantive sentence of imprisonment is suspended during the pendency of the appeal on condition of the applicant furnishing a PR bond in the sum of Rs.15,000/- with one solvent surety in the like amount.

(ii) The applicant shall deposit the amount of fine within a period of one week.

(iii) The bail bond should be furnished before the learned Sessions Judge.

C. V. BHADANG, J.

NH