Yeshwnat Sadashiv Athavale v. The State Of Maharashtra

Vidya Amin.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 602 OF 2018 IN CRIMINAL REVISION APPLICATION No. 622 OF 2018 Yashwant Sadashiv Athawale ...

Applicant vs.

The State of Maharashtra ...

Respondent Mr. Kuldeep U. Nikam, Advocate for the applicant. Mr. A.R. Patil, APP for the respondent/State. CORAM: Mrs.MRIDULA BHATKAR, J.

DATED: 30th November, 2018 P.C. :

Upon mentioning, taken on production board.

2.

The applicant-accused has moved this Application for bail and suspension of sentence, as he is convicted for the offences punishable under sections 279, 337, 338 of Indian Penal Code wherein maximum punishment is granted 3 months and to pay fine. He is also convicted under section 184 of the M.V. Act and is sentenced to suffer R.I. for 2 months and pay fine of Rs.500/- by the judgment and order dated 29th April, 2018 passed by the learned Judicial Magistrate First Class, Tasgaon. The said order was challenged by the applicant by filing Criminal Appeal No. 87 of

2015. The learned Additional Sessions Judge, Sangli by order dated 31st October, 2018 dismissed the Appeal and confirmed the order of conviction.

3.

The learned counsel for the applicant submitted that the applicant was taken in custody on 31st October, 2018, however, he was released on account of Diwali Holidays and he is on bail. The learned counsel submitted that the said bail be continued and sentence be suspended.

4.

Learned APP submits to the order of the Court. 5.

The offences are bailable. The applicant/accused was on bail through out the trial and during the period of Appeal. Hence, following order is passed:

(i) The Application is allowed;

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

(iii) The applicant/accused shall be released on bail on the same P.R. Bond and same surety;

(iv) The applicant/accused shall not jump the bail; (v) The applicant/accused shall make himself available at

the time of hearing of Revision Application;

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

6.

Criminal Application is disposed of on above terms. (MRIDULA BHATKAR, J.)