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Rakesh Laxman Gaikwad vs The State Of Maharashtra And Anr on 1 February, 2019

901.APPA.26.19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPLICATION NO.26 OF 2019
IN
CRIMINAL APPEAL NO.23 OF 2019

Rakesh Laxman Gaikwad …Applicant

V/s.

The State of Maharashtra Anr. …Respondents

Mr. Ujwal R. Agandsurve, Advocate for the Applicant.

Mrs. M.R. Tidke, APP for the Respondent/State.

CORAM : A.M.BADAR J.

DATED : 1st FEBRUARY 2019

P.C. :

1. This is an application for suspension of sentence and

releasing the applicant/accused No.1 on bail during pendency of

the appeal filed by him.

2. The applicant/accused No.1 is convicted for the offences

punishable under Sections 324, 506 and 498A of the Indian Penal

Code. Different sentences of imprisonment are imposed on him,

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901.APPA.26.19.doc

the highest amongst them is of rigorous imprisonment for one

year. Apart from this, fine is also imposed on the

applicant/accused No.1. The learned trial Court has directed that

the substantive sentences shall run concurrently.

3. Heard the learned Counsel appearing for the

applicant/accused No.1. He argued that short sentence of

imprisonment is imposed on the applicant/accused No.1 and the

applicant/accused No.1 was on bail throughout. The learned APP

is not disputing this fact.

4. Short sentence of imprisonment is imposed on the

applicant/accused No.1, who was on bail throughout. It is seen

that he has not misused the liberty granted to him. The appeal

filed by him may not be heard within a short period of one year.

Hence, the order.

– : ORDER : –

(i) The application is allowed.

(ii) The substantive sentence of imprisonment

imposed on the applicant/accused No.1 is suspended and

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he is directed to be released on bail on his executing P.R.

Bond of Rs.15,000/- and on furnishing surety in the like

amount.

(iii) As a condition of this order, the applicant/accused

No.1 should not repeat commission of similar offence in

future.

(iv) The application is disposed of accordingly.

(A.M.BADAR J.)

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