Allowed

Nararyan Isaki Tewar Alias Murgan Narayan Nadar v. the State of Maharashtra

Bombay HC14 Dec 2017APPA/1696/2017

Case brief

AI extract

What is this about?

The High Court allowed an application for suspension of sentence and release on bail. The applicant, convicted of offences under Sections 399 and 402 IPC, was granted bail on personal bond and cash security pending the final hearing of his appeal.

What did the court decide?

The application is allowed; substantive sentence suspended; applicant released on P.R. Bond of Rs.15,000/- and furnishing surety in like amount, initially on cash security.

Nararyan Isaki Tewar Alias Murgan Narayan Nadar Vs the State… — Bail and Remand | Bombay HC (2017)

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(904)APPANo.16962017

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CRIMINAL APPELLATE JURISDICTION

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CRIMINAL APPLICATION NO.1696 OF 2017 IN

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CRIMINAL APPEAL NO.1031 OF 2017

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Narayan Isaki Tewar @

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Murgan Narayan Nadar ... Applicant V/s. The State of Maharashtra ... Respondent

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Mr.Sandeep Kumar Singh, Advocate for the Applicant.

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Mr.Y.M.Nakhwa, APP for the Respondent/State.

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CORAM : A.M.BADAR J.

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DATED : 14^th DECEMBER 2017.

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P.C. :

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1 This is an application for suspension of sentence and releasing the applicant/accused on bail during pendency of the appeal.

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2 Heard the learned Advocate appearing for the applicant/accused. He argued that none of the prosecution witnesses has identified the applicant/accused. He further argued that short sentence of imprisonment is imposed on the applicant.

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3 The learned Additional Public Prosecutor opposed the

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Gaikwad RD

(904)APPANo.16962017

application by submitting that the applicant was found in possession of house breaking instruments in order to commit dacoity.

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4 I have carefully considered the rival submissions and also perused the impugned Judgment and Order.

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5 The charge against the applicant/accused was to the effect that he was found to have prepared himself for committing a dacoity and was apprehended possessing deadly weapon with him. The applicant/accused is convicted for offences punishable under Sections 399 and 402 of the Indian Penal Code. On both counts, he has been sentenced to suffer rigorous imprisonment for three yeas. It is thus clear that short sentence is imposed on the applicant/accused. His appeal is already admitted for final hearing. It is not likely to be heard in near future and, therefore, the Order :

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(i) The application is allowed.

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(ii) Substantive sentence of imprisonment imposed on the applicant/accused is suspended and he is directed to be released on bail on his executing P.R.Bond in the sum of Rs.15,000/- and on furnishing surety in the like amount.

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Gaikwad RD

(904)APPANo.16962017

(iii) Initially, for the period of one month, as prayed by the learned Advocate for the applicant/accused, the applicant/accused be released on cash security of Rs.15,000/- in order to enable him to arrange for surety during this period.

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(A.M.BADAR J.)

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Gaikwad RD

Nararyan Isaki Tewar Alias Murgan Narayan Nadar v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Nararyan Isaki Tewar Alias Murgan Narayan Nadar v. the 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

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