Application for suspension of sentence and release on bail pending criminal appeal is rejected. The court holds that family dependency cannot override a reasoned order rejecting bail earlier.
Application for suspension of sentence and release on bail dismissed.
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10-APPA-403-2018.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.403 OF 2018 IN CRIMINAL APPEAL NO.544 OF 2017
DAYANAND SURYAKANT SALVE )...APPLICANT
V/s.
THE STATE OF MAHARASHTRA )...RESPONDENT
Mr.Manas Gawankar, Advocate for the Applicant.
Mr.S.V.Gavand, APP for the Respondent - State.
CORAM : A. M. BADAR, J. DATE : 4th APRIL 2018
P.C. :
1 This is an application for suspension of sentence and
releasing applicant/accused no.4 Dayanand Salve on bail during pendency of the appeal filed by him. The applicant/accused is convicted for offences punishable under Sections 395 and 120B of
the Indian Penal Code and accordingly, he is sentenced to suffer rigorous imprisonment for 10 years apart from imposition of fine of Rs.10,000/- on each count.
avk 1/2
10-APPA-403-2018.doc
2 Heard both sides. The applicant/accused had earlier moved Criminal Application bearing No.933 of 2017 which was heard on merits and came to be decided on 4th September 2017. The same was rejected after considering all contentions raised on behalf of the applicant/accused. Now the applicant/accused is stating that his family is dependent on him apart from pressing some grounds on merits of the matter. Dependency of the family members or their ailment cannot be a ground for releasing the applicant/accused on bail when his earlier application for grant of bail came to be rejected by a reasoned order. Therefore, the order:
ORDER
The application is rejected.
(A. M. BADAR, J.)
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2 issues framed by the court
Whether dependency of family members can be a ground for releasing the applicant on bail when a previous bail application was rejected.
Whether the applicant for suspension of sentence is eligible to be released on bail during pendency of his appeal.
Dayanand Suryakant Salve
The State of Maharashtra
A. M. Badar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
