Hanmant Namdeo Kamble v. The State Of Maharashtra

Dond

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 275 OF 2019 IN REVISION APPLICATION ST.NO. 299 OF 2019 Hanmant Namdeo Kamble ..Applicant Vs The State of Maharashtra .

..Respondents ­­­­­ Mr. N.Y. Chavan for the Applicant.

Mr. R.M. Pethe, APP for State.

­­­­­­ CORAM : A.S.GADKARI, J.

DATE : 20th June 2019.

P.C.:

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

2] Heard the learned Counsel for the applicant and the learned APP. Perused the record.

3] The applicant is convicted under Section 457 and 511 of the Indian Penal Code and has been sentenced to suffer rigorous imprisonment for six months and to pay a fine of Rs.500/­, by the learned Joint Judicial Magistrate First Class, Kavathemahankal, District Sangli in R.C.C. No.12 of 2003 by its Judgment and Order dated 30.5.2016. 1/3

4] Criminal Appeal bearing No.118 of 2011 preferred by the applicant has been dismissed by the learned Special Judge and Additional Sessions Judge­2, Sangli by its Judgment and Order dated 16.9.2017. 5] The learned counsel for the applicant submitted that, the fine amount has already been deposited before the Trial Court. He submitted that, the applicant has already undergone imprisonment of more than four months and ten days out of actual sentence of six months. 6] In view of the above, I am inclined to suspend the substantive sentence imposed upon the applicant and release them on bail. Hence the following Order:

(i) During the pendency of the Revision, the substantive sentence imposed upon the applicant is suspended.

(ii) During the pendency of the Revision, the applicant be released on bail on his furnishing PR bond in the sum of Rs.10,000/­ each with one or two local sureties in the like amount.

(iii) The procedure for the bail be completed before the Trial Court i.e. Judicial Magistrate First Class, Kavathemahankal, District Sangli. (iv) After his release from jail, the applicant shall attend the Court of learned Joint Judicial Magistrate First Class, Kavathemahankal, District 2/3

Sangli on every 1st Monday of every third month between 11.00 a.m and 2.00 p.m. and to mark his presence. If the 1st Monday of the said months falls on holiday and/or non Court working day, the applicant shall mark his presence immediately on next working day.

7] Application is allowed in the aforesaid terms. All the concerned to act on an authenticated copy of this Order. (A.S.GADKARI, J.) 3/3