Ishwarappa Ramulu Mutkeri v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 642 OF 2018 IN CRIMINAL REVISION APPLICATION No. 667 OF 2018 Ishwarappa Ramulu Mutkeri ... Applicant Vs.

The State of Maharashtra ... Respondent Mr.Rushikesh S. Kale for the Applicant.

Ms.Pallavi N.Dabholkar, APP for the Respondent-State. CORAM: MRS.MRIDULA BHATKAR, J.

DATED : DECEMBER 14, 2018 P.C.:

1.

Upon urgent mentioning, taken on production board. 2.

This application is moved by the applicant/accused for bail. 3.

The applicant/accused is convicted for the offence punishable under Section 467 read with 34 of the Indian Penal Code and is sentenced to suffer R.I. for four years and to pay fine of Rs. 2,000/- each, in default to suffer another three months; and also convicted for the offences punishable under Sections 419, 465, 468 and 471 of the Indian Penal Code, where he was convicted for each head, but lesser than four years by the judgment and order dated 6th September, 2017 passed by the learned Chief Judicial Magistrate, Solapur in R.C.C. No. 390 of 2014. The said judgment was challenged by filing Criminal

Appeal No. 66 of 2017. The appeal was dismissed by the judgment and order dated 16th November, 2018 passed by the learned Additional Sessions Judge, Solapur.

4.

The learned counsel for the applicant/accused submits that the applicant/accused was taken in custody and he is in custody since 16th November, 2018. He further submits that the applicant/accused was on bail throughout the trial and during the period of appeal. He further submits that the applicant/accused has good case on merits. He points out that by order dated 5th December, 2018, this Court has granted bail to the applicant/accused in Criminal Application No. 612 of 2018. Hence, he prays that the same order be passed in this Criminal Application and bail be granted to the present applicant/accused. 5.

The learned APP submits to the order passed by this Court. 6.

Considered the submissions. As the applicant/accused was on bail throughout the trial and during the period of appeal and this matter will not be heard finally in near future, I allow this application with following order :

ORDER

(i) The applicant/accused shall be released on bail upon furnishing bail bond in a sum of Rs.20,000/-(Rupees Twenty Thousand only) with one or two sureties in the like amount;

(ii) The applicant/accused shall not leave India without prior permission of the Court;

(iii) The applicant/accused shall attend all the dates of hearing of the revision application.

7.

Criminal Application is disposed of on above terms. 8.

The learned counsel for the applicant/accused submits that the present Revision Application be tagged with Revision Application No. 640 of 2018.

9.

Registry to place this Revision Application along with Revision Application No. 640 of 2018 on 15th February, 2019. (MRIDULA BHATKAR, J.)