← Library
Bombay High CourtAPPA/176/2018others disposed off

Dilip Gorakh Mali v. The State Of Maharashtra

2018-02-13Hon'Ble Shri Justice A.M. Badar3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.176 OF 2018 IN CRIMINAL APPEAL NO.170 OF 2017 DILIP GORAKH MALI )...APPLICANT V/s.

THE STATE OF MAHARASHTRA )...RESPONDENT Mr.Gajanan Savagave, Advocate for the Applicant. Mr.S.V.Gavand, APP for the Respondent ­ State.

CORAM

:

A. M. BADAR, J.

DATE :

13th FEBRUARY 2018 P.C. :

This is an application by the applicant/accused for suspension of sentence and releasing him on bail during pendency of the appeal filed by him. The applicant/accused along with co­ accused is convicted of the offence punishable under Section 395 of the Indian Penal Code and is sentenced to suffer rigorous imprisonment for 5 years apart from direction to pay fine of Rs.2,000/­.

avk 1/3

Heard the learned Advocate appearing for the applicant/accused. He argued that co­accused named Balu Mali, Rizwan Khan and Vijay Chavan are already released on bail. Except recovery of a knife, there is no evidence to incriminate the applicant/accused. The co­accused having more serious role has already been released on bail.

The learned APP submits that a knife came to be recovered from the applicant/accused apart from his identification by PW1 Sanjay and PW3 Shubham.

I have carefully considered the rival submissions and also perused the orders releasing the co­accused on bail. Short sentence of imprisonment is awarded to the applicant/accused and co­accused with similar role are already released on bail. Considering the pendency of appeals before this court, the appeal filed by the present applicant/accused, who has undergone atleast 1 year of substantive sentence, may not be heard in near future. In this view of the matter, the following order : avk 2/3

ORDER

i) The application is allowed.

ii) Substantive sentence of imprisonment imposed on the applicant/accused is suspended and the applicant/accused is ordered to be released on bail on his executing P.R.Bond in the sum of Rs.30,000/­ with one local surety in the like amount to the satisfaction of the learned Additional Sessions Judge, Satara.

iii)The applicant/accused shall furnish his contact number and his permanent as well as local address, if any, to the Investigating Officer as well as in the bail bond. iv)The application is disposed of.

(A. M. BADAR, J.) avk 3/3