Criminal application for bail during the pendency of appeal. Single judge granted bail on security of Rs. 10,000 with sureties and directed monthly reporting to police station.
Bail granted on security of Rs. 10,000 with one or two sureties; directed to report to police station monthly until disposal of appeal.
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jdk
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRI.APPLN. NO. 1262 OF 2010 IN
CRI. APPEAL NO. 769 OF 2010
Harish Dayaji Fumatiya ..Applicant
Vs.
The State of Maharashtra ..Respondent
Mr. Sandip Singh Adv. for applicant Mr. S.A.Shaikh APP for State
CORAM : SMT.V.K.TAHILRAMANI, J.
DATE : OCTOBER 21, 2010
P.C. :
1 Heard the learned advocate for the applicant-original accused no.1 and the learned APP for the State.
2 The applicant has been convicted for the offence under Section 324 of IPC and maximum sentence imposed on the applicant is three years. The appeal preferred by the applicant is pending. The applicant is now seeking bail.
3 The learned advocate for the applicant states that the
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applicant was on bail during the trial and he has not misused the liberty granted to him. This statement has not been controverted by the prosecution. The learned advocate for the applicant further states that the maximum sentence of imprisonment imposed on the applicant is three years and the appeal is not likely to be heard in the near future, hence, he prayed that bail may be granted to the applicant.
4 Looking to the evidence on record and above facts, I am inclined to grant bail to the applicant.
5 The applicant- Harish Dayaji Fumatiya be released on bail in the sum of Rs.10,000/- (Rs. ten thousand only) with one or two sureties to make up the said amount. The applicant is directed to report to the concerned Police Station, once in a month till the disposal of the appeal.
6 Application is disposed of.
[ SMT. V.K.TAHILRAMANI, J.]
1 issue framed by the court
Whether bail should be granted to the applicant who is an original accused on appeal pending.
Harish Dayaji Fumatiya
The State of Maharashtra
V.K.Tahilramani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
