In criminal appeal filed under Section 357(2) Cr.P.C regarding bail, high court held that applicant entitled to release on execution of P.R. Bond as he had completed sentence period.
Released on bail on execution of P.R. Bond in sum of Rs.5000/- with one or two sureties in like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 220 OF 2010
IN
CRIMINAL APPEAL NO. 208 OF 2008
Nasir Pocchi...Applicant
vs.
State of Maharashtra...Respondent
Mr.Sushan Kunjuraman & Mr.Mahesh Kadam for the
Applicant.
Mrs.P.P. Bhosale, APP for the State.
CORAM : V.M. KANADE, J.
DATED : JULY 9, 2010
P.C. :-
1Heard Counsel for the applicant and APP for
the State.
2The applicant was convicted by the trial
court for the offence punishable under Secton 307
read with Section 34 of the IPC and sentenced to
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suffer RI for 5 years and to pay fine of Rs.1000/-
and in default, to suffer further RI for 3 months
and also under Section 3(1)(ii) of the MCOC Act,
1989 and is sentenced to suffer RI for 5 years and
to pay fine of Rs.5 lakhs and in default, to suffer
RI for one year.
3Counsel for the applicant submits that the
applicant is in jail since the date of his arrest
i.e. 3rd April, 2005 and was not released on bail at
any time. The applicant has, therefore, completed 5
years of actual sentence. Under these
circumstances, therefore, the applicant deserves to
be released on bail since the appeal may not be
heard immediately in the near future. Though the
amount of fine has not been paid by the applicant by
virtue of provisions of Section 357(2) in view of
the pendency of appeal, the payment of fine stands
stayed. Even if the said order is confirmed by this
court in appeal, even then the applicant would have
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undergone the remaining period of one year if the
period of remission is taken into consideration.
Viewed from any angle, therefore, the applicant
would be released on completion of the entire
sentence awarded by the Sessions court.
4The applicant, therefore, be released on
bail on execution of P.R. Bond in the sum of Rs.
5000/- with one or two sureties in the like amount.
5Application is disposed of.
1 issue framed by the court
Whether the applicant should be released on bail having completed the maximum sentence period.
2 provisions across 2 enactments
Nasir Pocchi
State of Maharashtra
V.M. Kanade
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court