Rajendra Sitaram Chavan v. The State Of Maharashtra

Vidya Amin.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 93 OF 2019 IN CRIMINAL REVISION APPLICATION No. 81 OF 2019 Rajendra Sitaram Chavan ...

Applicant vs.

The State of Maharashtra ...

Respondent Mr. Vikrant V. Phatate, Advocate for the applicant. Mr. Vinod Chate, APP for the respondent/State. CORAM: Mrs.MRIDULA BHATKAR, J.

DATED: 14th February, 2019 P.C. :

The Criminal Application is moved by the applicant/accused for suspension of the impugned judgement and conviction dated 7th February, 2015 and also for bail pending the Criminal Revision Application. The applicant/accused was convicted by order dated 7th February, 2015 passed by the learned Judicial Magistrate First Class, Mohol in R.C.C. No. 130 of 2011. The said order was challenged by way of Criminal Appeal No. 22 of 2015, which was dismissed by the learned Additional Sessions Judge, Solapur by order dated 7th February, 2019.

2.

The applicant is accused no. 1, who is held guilty for the

offences punishable under section 326 of Indian Penal Code and is sentenced to suffer R.I. for a period of two years. He is also directed to pay fine of Rs.5000/- which is also by way of compensation to the injured and in default, further imprisonment for six monoths.

3.

The learned Counsel for the applicant/accused submits the applicant/accused was taken in custody on 7th February, 2019 on the date of dismissal of the Appeal. He submitted that the applicant/accused was on bail throughout the trial and also during the appeal.

4.

Learned Prosecutor is present and submits to the orders of the Court.

5.

In view of the submissions of the learned Counsel and also as there is no chance that the Revision Application will be heard in near future, the application is allowed on the following terms: i) The sentence is suspended till hearing of the Criminal Revision Application;

(ii) The applicant/accused shall be released on bail upon

furnishing a P.R. Bond in the sum of Rs.15,000/- with one or two sureties in the like amount;

(iii) The applicant/accused shall not indulge into any crime; (iv) The applicant/accused shall make himself available on all the Court dates.

6.

Criminal Application stands disposed of accordingly. (MRIDULA BHATKAR, J.)