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Bombay High CourtIA/487/2025disposed off

Narayan Bhanaji Jaat v. State Of Maharashtra

2025-04-24Hon'Ble Shri Justice Shivkumar Dige2 pages

Shubhada S Kadam 906-ia-487-2025-apeal-107-2025.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 487 of 2025 in CRIMINAL APPEAL NO. 107 of 2025 Narayan Bhanaji Jaat ... Applicant/ Appellant versus The State of Maharashtra .... Respondent Mr. Swapnil Patil i/b. Patil and Associates, Advocate for the Applicant/Appellant.

Mr. Prasanna Malshe, APP for Respondent-State. CORAM : SHIVKUMAR DIGE, J.

DATE : 24th APRIL, 2025.

P.C. :

1.

By this application, the applicant is seeking suspension of sentence and bail during the pendency of appeal filed by the applicant. 2.

The applicant has been convicted for offence punishable under Sections 8(c) and 17 of the Narcotic Drugs and Psychotropic Substances Act, 1985 of the Indian Penal Code 1860 (for short "IPC") and sentenced to suffer 3 years of rigorous imprisonment and to pay fine of Rs.50,000/. 3.

It is the contention of learned counsel for the applicant that the trial Court has granted bail to the applicant and suspended his sentence during the appeal period. During the trial, the applicant was on bail and he has not misused the liberty. He has also deposited the fine amount. Hence, requested to allow the application.

Digitally signed by SHUBHADA SHANKAR KADAM Date:

2025.04.28 11:37:32 +0530 SHUBHADA SHANKAR KADAM 1/2

Shubhada S Kadam 906-ia-487-2025-apeal-107-2025.doc 4.

The learned APP for respondent-State strongly objected to allow the application.

5.

I have heard both learned counsel.

6.

The sentence imposed on the applicant is of three years. The trial Court has granted bail to the applicant and suspended his sentence during the appeal period. During the trial, the applicant was on bail and he has not misused the liberty and he has also deposited the fine amount. It may take time to dispose of the appeal.

7.

In view of above, the applicant's sentence is suspended and he is enlarged on bail, pending the hearing and final disposal of the appeal, on the following terms and conditions.

ORDER

i. The applicant be enlarged on bail on furnishing P. R. Bond in the sum of Rs.50,000/- with one or two sureties in the like amount.

ii.

The bail bond to be furnished before the Trial Court. Interim Application stands disposed of.

8.

All concerned to act on the authenticated copy of this order. (SHIVKUMAR DIGE, J.) 2/2