Disposed

Vasant Gulab Gaikwad v. the State of Maharashtra

Bombay HC18 Mar 2015APPLN/706/2015

Case brief

AI extract

What is this about?

In a criminal revision appealing a conviction under Sections 420 and 471 IPC where the applicant was acquitted for one offence and sentenced to a term of two years and one year respectively, the High Court suspended the substantive sentence. The applicant was released on bail upon furnishing a fair and one or two sureties, with conditions to appear every six months.

What did the court decide?

Sentences suspended; enlarged on bond of Rs. 15,000 and one or two sureties; to appear before Magistrate in six months.

Vasant Gulab Gaikwad Vs the State of Maharashtra — Bail and Remand | Bombay HC (2015)

¶1

( 1 ) cria706.15

¶2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

¶3

CRIMINAL APPLICATION NO. 706 OF 2015 IN

¶4

CRIMINAL REVISION APPLICATION NO. 26 OF 2015

¶5

Vasant Gulab Gaikwad..Applicant
Age. 40 years, Occ. Agri.,
R/p/ Ranjani, Tq. Kallamb,
Dist. Osmanabad.

¶6

Versus

¶7

The State of Maharashtra

¶8

..Respondent

¶9

Mr. S.T. Veer, Advocate for the applicant.
Mr. S.M. Jadhav, APP for respondent/State.

¶10

CORAM : SMT.SADHANA S. JADHAV,J. DATED : 18.03.2015

¶11

P.C. :-

¶12

1.Heard. The applicant is convicted for the offences
punishable under sections 420 and 471 of the Indian Penal
Code and is sentenced to suffer rigorous imprisonment for two
years and fine of Rs. 5000/- for offence punishable under
section 420 of the Indian Penal Code, in default, 3 months
rigorous imprisonment and is sentenced to suffer rigorous
imprisonment for one year and fine of Rs. 5000/-, in default,
two months rigorous imprisonment for offence punishable under
section 471 of the Indian Penal Code by the Judicial
Magistrate, F.C., Bhoom, vide judgment and order dated
26.11.2009.

¶13

2.Perused the judgment and order. The applicant

¶14

( 2 ) cria706.15

¶15

filed Criminal Appeal No. 37 of 2014 before the Additional
Sessions Judge at Bhoom. By the judgment and order dated
02.02.2015, learned Sessions Judge has upheld the conviction
of the appellant for the offence punishable under section 471
of the Indian Penal Code. However, the applicant has been
acquitted under section 420 of Indian Penal Code. The
sentence of fine has been maintained. The applicant was taken
into custody on 02.02.2015. Learned Counsel for the applicant
submits that the amount of fine has been deposited. Taking
into consideration the fact that the applicant has been
sentenced to a short term sentence, the applicant deserves
suspension of sentence during the pendency of the present
revision application.

¶16

3.The substantive sentence imposed upon the applicant
by the Judicial Magistrate, F.C., Bhoom is hereby suspended.
He be enlarged on bail on furnishing P.R. Bond in the sum of
Rs.15,000/- (Rupees Fifteen Thousand) and one or two sureties
in like amount. The applicant shall appear before the
Judicial Magistrate, F.C.,Bhoom once in six months on the
dates assigned by the learned Magistrate. Upon committing
breach of the condition on two consecutive dates, the
prosecution is at liberty to seek cancellation of bail.

¶17

4.The Criminal Application stands disposed of.

¶18

[SMT. SADHANA S. JADHAV,J.]

¶19

snk /2015/MAR15/cria706.15

Vasant Gulab Gaikwad v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Vasant Gulab Gaikwad v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Deepak S/O Pundalik Ingle Vs the State of Maharashtra

Neerajkumar Dilipkumar Bharwani Vs Sneha Neerajkumar Bharwani

Ganpati Babu Jadhav and Ors. Vs the State of Maharashtra

Chandraprakash Vitthalrao Nagime and Others Vs Ramrao Almaji Patilsankayeand Another

1 Vaishali Abhijit Pathak and Anr. Vs Abhijit Prabhakar Pathak

Ambadas Digamber Deshpande and Anr. Vs Somnath Madhavrao Joshi and Ors.