Bhauso Pandurang Patil v. The State Of Maharashtra

Nalawade A.S.

1 /2 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.203 OF 2016 IN CRIMINAL REVISION APPLICATION NO.230 OF 2016 Office Notes, Office Memorandam of Coram, appearances, Court's orders or Court's or Judge's orders directions and Registrar's orders Mr. Anand Patil for the Applicant.

Mrs. R.V. Newton, APP. for the State.

CORAM : A.S.GADKARI, J.

DATE :

28th April, 2016 P.C.

This is an application for suspension of sentence and for releasing the applicant on bail.

2) The applicant has been convicted under Section 279(3) of the Indian Penal Code and sentenced to suffer rigorous imprisonment for three months and to pay a fine of Rs.500/­ in default of payment of fine to further suffer simple imprisonment of one month. The applicant has been further convicted under Section 304(A) of the Indian Penal Code and sentenced to suffer rigorous imprisonment of one year and to pay a fine of Rs.1000/­, in default of payment of fine to further suffer simple imprisonment of two months. The applicant has also been convicted under Section 134(b) of the Motor Vehicles Act and has been sentenced to pay a fine of Rs.100/­ in default to suffer simple imprisonment of eight

Nalawade A.S.

2 /2 days. The aforesaid sentences are awarded by the learned 10th Judicial Magistrate First Class, Kolhapur in SCC No.31/2010 by its Judgment and Order dated 28.2.2012. The Criminal Appeal No.61/2012 preferred by the applicant has been dismissed by the learned Additional Sessions Judge, Kolhapur by its Judgment and order dated 8.2.2016.

3) The learned counsel for the applicant submitted that the applicant has already deposited the entire amount of fine imposed upon him by the Trial Court. He further submitted that as a matter of fact in a proceeding adopted by the family of the victim before the Motor Accident Claim Tribunal, Kolhapur the parties therein have settled the matter amicably.

4) The substantive sentence imposed upon the applicant is one year of rigorous imprisonment. The substantive sentence is hereby suspended pending the hearing and final disposal of the present revision application.

5) The applicant be released on bail on his furnishing PR bond of Rs.25,000/­ with one or two local sureties in the like amount.

6) Application is allowed in the aforesaid terms. (A.S. GADKARI, J.)