Bombay High CourtCRMA/236/2016disposed of

Shri. Shankar Bhagat., v. The State Of Goa, Thr. Police Inspector, Curchorem Police Station, Curchorem.,

2016-12-14F. M. Reis2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL MISC. APPLICATION NO. 236 OF 2016 IN CRIMINAL REVISION APPLICATION NO. 64 OF 2016 SHRI. SHANKAR BHAGAT., ... Applicant

Versus

THE STATE OF GOA, THR. POLICE INSPECTOR, CURCHOREM POLICE STATION, CURCHOREM., ... Respondent Mr. Ryan Da Piedade Menezes, Advocate for the applicant. Mr. M. Amonkar, Addl. Public Prosecutor for the respondent. Coram:- F. M. REIS, J.

Date:- 14th December, 2016 P.C.

Heard Mr. R. Menezes, learned counsel appearing for the applicant and Mr. M. Amonkar, learned Addl. Public Prosecutor appearing for the respondent.

2. Mr. Menezes, learned counsel appearing for the applicant submits that the applicant was on bail during the pendency of the trial and thereafter the order of sentence was suspended during the pendency of the appeal before the learned Sessions Judge. The learned counsel further submits that the applicant has a good case on merit as according to him the prosecution has miserably failed to establish that there was any rash and negligence on the part of the applicant. The leaned counsel as such points out that

CRMA/236/2016 the sentence imposed by the learned J.M.F.C. be accordingly suspended.

3. Mr. M. Amonkar, learned Addl. Public Prosecutor appearing for the respondent submit to the orders of this Court.

4. In the peculiar facts and circumstances of the case as it is pointed out that the applicant was on bail during the pendency of the trial and the order of sentence was suspended during the pendency of appeal, the operation of the sentence imposed in the impugned judgments dated 25.02.2016 and 15.03.2016 is suspended until further orders with a condition that the applicant shall remain present in this Court at the time of the final hearing of the above Criminal Revision Application and furnish a personal bond of Rs.10,000/- with one surety of the like amount to the satisfaction of the Registrar ( Judicial ) of this Court.

5. The application stands disposed of accordingly. F. M. REIS, J.

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