CRMA/250/2011 of SHRI. SURENDRA SAVIO GADDI, PRESENTLY IN SADA JAIL, VASCO-GOA Vs STATE THROUGH P.P., on 29 December 2011

IN THE HIGH COURT OF BOMBAY AT GOACRIMINAL MISC. APPLICATION NO. 250 OF 2011

SHRI. SURENDRA SAVIO GADDI, PRESENTLY IN SADA JAIL, VASCO-GOA VersusSTATE THROUGH P.P.,

... Applicant

... Respondent

Mr.Anthony Joe D'silva Advocate for the Applicant.

Mr. C.A. Fereira, Public Prosecutor for the respondent.

P.C.:

-Coram:F. M. REIS, J.-Date:29th December, 2011

Heard Mr. Anthony Joe D'silva learned Advocate for theApplicant.

This is an application for suspension of sentence as well as torelease the Applicant on bail as he has been arrested in view of thedismissal of the appeal preferred by the applicant challenging theJudgment passed by the Judicial Magistrate First Class, Bicholim,whereby the applicant has been convicted for the offences punishableunder sections 279,337 and 338 of the Indian Penal Code, wherebyhe has been sentenced for imprisonment of two months and fine of2500/-.

Mr. Anthony Joe D'silva learned advocate for the Applicant hasargued that he has a good case on merit and that the applicant was onbail during the trial of the Criminal Case before the J.M.F.C. as wellas during the Appeal before the learned Session Judge.

Learned counsel for the respondent states that the applicant hasbeen arrested in view of the dismissal of the appeal by the learnedAdditional Session Judge. The learned Public Prosecutor states that considering that the applicant was on bail during the trial, he issubmitting to the order of this Hon'ble Court.

Considering the facts and circumstances of the case and takingnote of the facts that the applicant was on bail during the trial andwhen the Appeal proceedings were going before the learned SessionJudge. I find that, the applicant is entitled for bail pending finaldisposal of the Revision petition before this Court. In view of theabove I pass following Order.