Allowed

Amar Ramchandra Dhotre v. the State of Maharashtra and Anr.

Bombay HC23 Apr 2019APPA/397/2019

Case brief

AI extract

What is this about?

High Court allowed suspension of substantive sentence on applicant convicted under IPC sections 354(A)(1)(i) and 323, enlarging him on bail upon furnishing bonded amount and sureties during pendency of appeal.

What did the court decide?

Suspension of substantive sentence allowed; appellant enlarged on bail by furnishing PR Bond of Rs. 20,000/- and one or more solvent sureties in the like amount with conditions of periodic appearance.

Amar Ramchandra Dhotre Vs the State of Maharashtra and Anr. — Bail and Remand | Bombay HC (2019)

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906.cri.appeal no. 426-19.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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CRIMINAL APPEAL NO. 426 OF 2019

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WITH

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CRIMINAL APPLICATION NO. 397 OF 2019

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Amar Ramchandra Dhotre

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.. Appellant

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V/s

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The State of Maharashtra .. Respondent

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Mr. Satyavrat Joshi I/b Mr. Jaydeep D. Mane advocate for appellant.

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Mr. S.S. Pednekar, APP for State.

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CORAM : SMT. SADHANA S. JADHAV,J.

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DATE : APRIL 23, 2019.

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P. C. :

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1 Heard the learned Counsel for the applicant and the learned APP for State. Appeal admitted.

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2 This is an application under section 389 of the Code of Criminal Procedure, 1908 seeking suspension of substantive sentence imposed upon the applicant by Special Judge (POCSO) in Special Case No. 45 of 2015 for the offence punishable under sec. 354(A)(1) (i) of the Indian Penal Code and is sentenced to suffer SI for six months and fine of Rs. 500/-, in default SI for one month, he is also convicted for the offence punishable under sec. 323 of Indian Penal Code and is sentenced to suffer SI for one month, vide Judgment and Order dated 20.02.2019.

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ysp

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906.cri.appeal no. 426-19.doc

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The learned Counsel for applicant submits that the applicant was on bail during pendency of the trial and has not committed any breach of conditions imposed upon him. This Court is hearing appeal of the year 2013 in view of this applicant is entitled to the extension of same relief during the pendency of the Appeal.

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O R D E R

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The application is allowed.

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Substantive sentence imposed upon the applicant is hereby suspended. He be enlarged on bail on furnishing P.R. Bond in the sum of Rs. 20,000/- and one or more solvent sureties in the like amount.

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The applicant shall mark his presence before Special Judge, at Solapur once in six months on the date assigned by the learned Special Judge.

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Upon failure to attend any two consecutive dates, the Special Court shall make report to the High Court and prosecution would be at liberty to seek cancellation of bail.

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Application is allowed in above terms and stands disposed off.

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[SMT. SADHANA S. JADHAV, J.]

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ysp

Amar Ramchandra Dhotre v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Amar Ramchandra Dhotre v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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