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Bombay High CourtCRMA/211/2016disposed of

Shri. Sanket Naik., v. The State Of Goa, Thr. Police Inspector, Cuncolim Police Station, Cuncolim.,

2016-10-21Hon'Ble Shri Justice C. V. Bhadang2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL MISC. APPLICATION NO. 211 OF 2016 IN CRIMINAL REVISION APPLICATION NO. 55 OF 2016 SHRI. SANKET NAIK., ... Applicant

Versus

THE STATE OF GOA, THR. POLICE INSPECTOR, CUNCOLIM POLICE STATION, CUNCOLIM., ... Respondent Mr. Ryan Da Piedade Menezes, Advocate for the Applicant. Mr. Mahesh Amonkar, Additional Public Prosecutor for the Respondent.

Coram:- C. V. BHADANG, J.

Date:- 21st October, 2016 P.C:

Heard Mr. Menezes, the learned Counsel for the applicant and the learned Additional Public Prosecutor for the respondent.

2. The applicant has been convicted for the offences punishable under Sections 304-A and 279 of IPC. For the offence under Section 304-A of IPC, the applicant has been sentenced to suffer rigorous imprisonment for a term of one year and to pay fine of Rs.10,000/- and in default to undergo imprisonment for a period of six months and for the offence under Section 279 of IPC, the applicant has been sentenced to suffer rigorous imprisonment for three months and to pay fine of Rs.1,000/- and in default to undergo imprisonment for three months. This judgment and order passed by the learned

CRMA/211/2016 Magistrate has been confirmed by the learned Sessions Judge in appeal, which is the subject matter of challenge in this criminal revision application. The criminal revision application is already admitted. The applicant was all along on bail during the course of trial and during the pendency of the appeal before the learned Sessions Judge.

3. The learned Counsel for the applicant states that the applicant shall deposit the amount of fine before the learned Magistrate.

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

O R D E R

(a) The substantive sentence of imprisonment is hereby suspended, pending disposal of the criminal revision application, on condition of the applicant furnishing P.R. Bond in the sum of Rs.25,000/- with one solvent surety in the like amount.

(b) The applicant shall deposit the amount of fine, before the learned Magistrate.

(c) Bail Bonds to be furnished, before the learned Magistrate. C. V. BHADANG, J.

EV