Ramesh Subhana Jadhav v. The State Of Maharashtra

Vidya Amin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 597 OF 2018 IN REVISION APPLICATION NO. 620 OF 2018 Ramesh Subhana Jadhav ...

Applicant vs.

The State of Maharashtra ...

Respondent Mr. R.A. Naik I/b. Mr. Umesh R. Mankapure, Advocate for the applicant.

Mr. Yogesh Dabke, APP for the respondent/State. CORAM: Mrs.MRIDULA BHATKAR, J.

DATED: 26th November, 2018 P.C. :

Upon mentioning, taken on production board.

2.

Leave to amend the prayer clause. Amendment to be carried out forthwith.

3.

This Application is moved for bail and suspension of sentence. By the judgment and order dated 10th October, 2012 passed by the Judicial Magistrate First Class, Miraj in R.C.C. No. 390 of 1996, the applicant/accused No. 1 is convicted for the offences punishable

under section 379 of Indian Penal Code and is sentenced to suffer R.I. for 18 months and to pay fine of Rs. 500/- in default, to suffer R.I. for one month. Against this order, the applicant filed Criminal Appeal No. 292 of 2012 which was dismissed with costs by order dated 2nd November, 2018 passed by the learned Additional Sessions Judge, Sangli.

4.

The learned counsel for the applicant submitted that the applicant/accused was on bail throughout the trial, however, now he is taken in custody on 2nd November, 2018. He has submitted that the applicant/accused has good case and undertakes that he shall not jump the bail and shall be available at the time of hearing of this Revision Application.

5.

The learned APP submits to the order of the Court. 6.

Considering the nature of the offence and quantum of punishment and in view of the submissions made by the learned counsel for the applicant, the Application is hereby allowed with

following order:

(i) The sentence is hereby suspended till the hearing of this Revision Application;

(ii) The applicant/accused shall be released on bail on furnishing P.R. Bond in a 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 at the time of hearing of Revision Application;

(v) The applicant shall not leave the country without permission of this Court.

(MRIDULA BHATKAR, J.)