Malgonda Ravsaheb Patil v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No.155 OF 2019 IN CRIMINAL REVISION APPLICATION No. 158 OF 2019 Malgonda Ravsaheb Patil ...Applicant

Versus

The State of Maharashtra Through Tasgaon Police Station

...Respondent

----- Mr.Vijay Killedar for the Applicant.

Mr. N.B. Patil, APP for the Respondent -State. ----- CORAM : MRS. MRIDULA BHATKAR, J.

DATE : 25 MARCH 2019 P.C.:

1.

Upon urgent mentioning, taken on production board. 2.

This application is moved for bail and suspension of sentence. The applicant/accused is convicted for the offences punishable under sections 408 and 465 of the Indian Penal Code by judgment and order dated 30.12.2010 passed by the learned Judicial Magistrate First Class, Tasgaon. By the said judgment and order, the applicant/accused is sentenced to suffer R.I. for 4 months and directed to pay a fine of 1/3

Rs. 3,000/-, in default to suffer R.I. for 2 months under section 408 of the Indian Penal Code and under section 465 of the Indian Penal Code, he is sentenced to suffer R.I. for 2 months and directed to pay a fine of Rs. 2,000/-, in default to suffer R.I. for 1 month. The said order of conviction was confirmed by the learned Additional Sessions Judge, Sangli by judgment and order dated 16.03.2019 in Criminal Appeal No. 17 of 2012.

3.

The learned counsel for the applicant/accused submits that the applicant/accused is taken in custody on the same day i.e., 16.03.2019. The applicant/accused is 65 years old and he is in Kolhapur Central Prison. He further submits that the applicant/accused was on bail throughout the trial and also during the appeal. 4.

The learned APP is present and submits to the orders of the Court. 5.

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

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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 jump the bail; iv) The applicant/accused shall make himself available on all the Court dates.

6.

The Criminal Application is disposed of accordingly. (MRIDULA BHATKAR, J.) 3/3