Single-judge Criminal Application seeking suspension of sentence and release on bail during appeal. Court allowed application, suspended substantive sentence, and directed release on bail.
Application allowed; substantive sentence suspended; applicant directed to be released on bail in sum of Rs.15,000 with surety.
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7-APPA-125-2018.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.125 OF 2018 IN CRIMINAL APPEAL NO.67 OF 2018
KAMAL JUGRAJ JAIN )...APPLICANT
V/s.
THE STATE OF MAHARASHTRA
)...RESPONDENT
Mr.Ganesh Bhujbal, Advocate for Applicant.
Mr.A.R.Kapadnis, APP for the Respondent - State.
CORAM : A. M. BADAR, J. DATE : 6th FEBRUARY 2018
P.C. :
1 This is an application for suspension of sentence and
releasing the applicant/accused on bail during pendency of the appeal filed by him. The applicant/accused has been convicted of offences punishable under Sections 307, 332, 353 and 338 of the
Indian Penal Code. He is sentenced to suffer rigorous imprisonment for 3 years for the offence punishable under Section 307 of the Indian Penal Code. Lesser sentence of imprisonment is
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7-APPA-125-2018.doc
imposed for rest of the offences and all substantive sentences are directed to run concurrently.
2 Heard the learned Advocate appearing for the
applicant/accused. He argued that the applicant/accused was on bail during pendency of the trial and he has not misused his liberty. Substantive sentence of imprisonment imposed on him has already been suspended by the learned trial court.
4 Considering the fact that maximum sentence of imprisonment imposed on the applicant/accused is only for 3 years and as the same has already been suspended by the learned trial court as well as the fact that there is nothing on record to show that the applicant/accused has misused his liberty while on bail before the learned trial court, the following order :
ORDER
i) The application is allowed.
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7-APPA-125-2018.doc
ii) Substantive sentence of imprisonment imposed on the applicant/accused is suspended and the applicant/accused 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 like amount.
iii) The application is accordingly disposed of.
(A. M. BADAR, J.)
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1 issue framed by the court
Whether the application for suspension of sentence and release on bail during pendency of appeal is maintainable.
Kamal Jugraj Jain
The State of Maharashtra
A. M. Badar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
