Partly allowed

Yashwantrao Shamrao Sonawane v. State of Maharashtra

Bombay HC9 Mar 2012APPR/45/2012

Case brief

AI extract

What is this about?

In a criminal revision, the High Court granted bail to an applicant convicted and sentenced by a lower court. The court accepted the applicant's undertaking not to practice medicine as a condition for release while the revision remained pending.

What did the court decide?

Sentence suspended; release on bail on terms of previously imposed conditions plus a fresh undertaking not to practice medicine; appearance at final hearing required.

Yashwantrao Shamrao Sonawane Vs State of Maharashtra — Service and Employment | Bombay HC (2012)

-: 1 :-

appr- 45/12

srp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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CRIMINAL APPLICATION NO. 45 OF 2012 in

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CRI. REVISION APPL. NO. 32 OF 2012

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Yashwantrao Shamrao Sonawane. ..Applicant. Versus State of Maharashtra. ..Respondent.

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..Respondent.

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Mr. N.R.Bubna for the applicant. Mr. D.P.Adsule, APP for the State.

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Coram : RANJIT MORE, J. Date : March 9, 2012 .

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P. C. :

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Heard Mr. Bubna, learned counsel for the applicant

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and Mr. Adsule, learned APP for the State. The applicant is seeking grant of bail during the pendency of above revision preferred by him. The applicant is convicted for the offence punishable under section 33(2) of the Maharashtra Medical Practitioners Act, 1961 and sentenced to undergo rigorous imprisonment for two years and to pay fine of Rs.2,000/-, in default to pay fine to suffer further rigorous imprisonment for two months.

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-: 2 :-

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appr- 45/12

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Mr. Bubna, learned counsel for the applicant at the outset, on the basis of instructions from Mr. Kailash Wagh, brother-in-law of the applicant, makes a statement that applicant is ready and willing to file undertaking that henceforth the applicant will not pose himself, directly or indirectly, to be a medical practitioner, if he is released on bail. Statement is accepted.

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During the trial applicant was on bail. It is not case of the prosecution that the applicant has misused the said liberty or breached any condition of bail. The applicant was taken into custody on 31/1/2012, i.e., after the order impugned in the present revision was passed. Thus, he is in custody for about 1 month and 10 days. Revision was admitted on 24/2/2012. Looking at the pendency of cases in this Court, said revision may not come for hearing in near future. In these circumstances, I am inclined to grant bail to the applicant. Application is, therefore, disposed of by passing following order.

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appr- 45/12

-: O R D E R :-

(I) The sentence awarded to the applicant by lower Court is suspended and applicant be released on bail on the same terms and conditions as in the trial Court, however, subject to furnishing fresh bonds.

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(II)The applicant shall, within two weeks from today, file an undertaking that he will not pose himself, directly or indirectly, to be a medical practitioner to the public.

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(III)The applicant shall remain present in this Court at the time of final hearing of above revision.

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(RANJIT MORE, J.)

Yashwantrao Shamrao Sonawane v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

Yashwantrao Shamrao Sonawane v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

Parties & counsel

Coram

Case details

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