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Pravin @ Kunal Kashiram Jadhav v. The State Of Maharashtra

2018-07-09Hon'Ble Shri Justice A.M. Badar2 pages

(3)APPANo.10072018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1007 OF 2018 IN CRIMINAL APPEAL NO.819 OF 2018 Pravin @ Kunal Kashiram Jadhav ...

Applicant V/s.

The State of Maharashtra ...

Respondent .....

Mr.Ritesh Thobde, Advocate for the Applicant. Mr.A.R.Kapadnis, APP for the Respondent/State. ....

CORAM : A.M.BADAR J.

DATED : 9th JULY 2018.

P.C. :

This is an application for suspension of sentence and releasing the applicant/accused on bail during pendency of the appeal filed by him. The applicant/accused is convicted of the offences punishable under Sections 323 and 436 of the Indian Penal Code and for the offence punishable under Section 436 of the IPC, he is directed to undergo rigorous imprisonment for four years apart from imposition of fine and default sentence. Heard both sides. The learned Counsel appearing for the applicant/accused has submitted that the applicant has already Gaikwad RD 1/2

(3)APPANo.10072018 deposited the entire amount of fine and during pendency of the trial, he was on bail.

The learned Additional Public Prosecutor opposed the application by contending that there is one eye­witness to the incident in question.

Short sentence of imprisonment for four years is imposed on the applicant/accused and he has already deposited the entire amount of fine and he was on bail during trial. In this view of the matter, as the appeal filed by him may not be heard within a short period, the following Order :

ORDER

(i) The substantive sentence of imprisonment imposed on the applicant/accused is suspended and he is directed to be released on bail on his executing P. R. Bond in the sum of Rs.15,000/­ and on furnishing one surety in the like amount.

(ii) As a condition of this Order, the applicant/accused should not repeat commission of any offence in future. (iii) The application is disposed of accordingly. Digitally signed by Raju Dattatraya Gaikwad Date:

2018.07.09 17:13:46 +0530 Raju Dattatraya Gaikwad (A.M.BADAR J.) Gaikwad RD 2/2