Pratap Vishnu Todkar v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 165 OF 2019 IN CRIMINAL REVISION APPLICATION NO. 175 OF 2019 Pratap Vishnu Todkar ...Applicant

Versus

The State of Maharashtra

...Respondent

----- Mr.Ganesh Gole I/b. Mr.Ateet Shirodkar for the Applicant. Mr.N.B.Patil, APP for the Respondent -State.

----- CORAM : MRS. MRIDULA BHATKAR, J.

DATE : 01 APRIL 2019 P.C.:

1.

Upon urgent mentioning, taken on production board. 2.

This Criminal Application is moved by the applicant/accused for suspension of sentence and for bail. The applicant/accused is convicted for the offences punishable under sections 279 and 337 of the Indian Penal Code and under sections 184, 134(b) read with section 187 of the Motor Vehicles Act and maximum punishment is awarded with fine by judgement and order dated 28.11.2017 passed by the learned Judicial Magistrate First Class, Ichalkaranji in Summary Case No.864 of 2015. The 1/3

said order was challenged in Criminal Appeal No. 31 of 2017. The said Appeal was dismissed by judgment and order dated 15.03.2019 passed by the learned Additional Sessions Judge, Ichalkaranji. Hence, this application.

3.

The learned Counsel for the applicant/accused submits that the applicant/accused was on bail throughout the trial and appeal. The offences are bailable. He further submits that the applicant/accused is directed to surrender himself till today and, therefore, he approached this Court by filing this revision application. He further submits that the applicant/accused will be available for hearing of this revision application. 4.

Learned Prosecutor submits to the order of this Court. 5.

Heard. In view of the submissions made by the learned Counsel and considering the nature of the offences, the application is allowed on the following terms:

(i) The impugned sentence is suspended pending revision application;

2/3

(ii) The applicant/accused shall be released on bail upon furnishing a P.R.Bond in the sum of Rs. 10,000/- 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 at the time of hearing of revision application.

6.

List Criminal Revision Application on 08.07.2019. (MRIDULA BHATKAR, J.) 3/3