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Bombay High CourtAPPA/1566/2016bail granted

Sumant Prakash Ware v. The State Of Maharashtra

2016-12-23Hon'Ble Justice Revati Mohite Dere3 pages

Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1566 OF 2016 (For Bail) IN CRIMINAL APPEAL NO.826 OF 2016 Sumant Prakash Ware .Applicant Vs.

The State of Maharashtra .Respondent Ms Meghna Gowalani i/b. Mr.G.Gole, Advocate, for the Applicant Mr.S.V.Gavand, APP, for the Respondent - State CORAM :

REVATI MOHITE DERE, J.

DATE : 23.12.2016 P.C.

.

Vide Judgment and Order dated 08.12.2016 passed by the learned Addl. Sessions Judge-3, Nashik in SC No.42 of 2014, the Applicant has been convicted for the offence punishable under Section 307 of the Indian Penal Code and has been sentenced to suffer R.I. for five years and to pay fine of Rs.1,000/-, in default to suffer further R.I. for 1 months. The Applicant was, however, acquitted of the offence punishable under Section 504 of the Indian Penal Code and Section 135 of the Bombay Police Act.

2.

Learned counsel for the Applicant states that the Applicant was on bail pending the trial and has not abused and misused the liberty granted to him.

3.

Perused the papers.

4.

The Appeal has been admitted by a separate order passed in the Appeal today. The Appeal is not likely to be heard in the immediate near future. The Applicant was on bail pending the trial and has not abused and misused the liberty granted to him.

5.

Considering the aforesaid, the Application is allowed. The Applicant's sentence is suspended and the Applicant is enlarged on bail pending the hearing and final disposal of the Appeal on the following terms & conditions :-

ORDER

(i) The applicant be enlarged on bail, on executing PR Bond in the sum of Rs.25,000/- with one or two sureties in the like amount;

(ii) The applicant shall inform his latest place of residence and mobile contact number immediately after being released and/or change of residence or mobile details, if any, from time to time to the concerned Police Station and the trial Court.

6.

The Application is allowed in the aforesaid terms and is accordingly disposed of. Parties to act on the authenticated copy of this order.

(REVATI MOHITE DERE, J.)