Bombay High Court
APPA/1303/2006 of AVINASH SEVAK GHARAT Vs THE STATE OF MAHARASHTRA on 22 December 2006
THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1303 OF 2006 IN CRIMINAL APPEAL NO.131 OF 2006 Avinash Sevak Gharat ...Applicant V/s. The State of Maharashtra ...Respondent Shri.S.V. Kotwal i/b M.S. Mohite for Applicant. Shri.D.P. Adsule APP for the
IN THE HIGH COURT OF JUDICATURE AT BOMBAYCRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.1303 OF 2006
IN CRIMINAL APPEAL NO.131 OF 2006
Avinash Sevak Gharat
...Applicant
V/s.
The State of Maharashtra
...Respondent
Shri.S.V. Kotwal i/b M.S. Mohite for Applicant.Shri.D.P. Adsule APP for the State.
N
CORAM : V.M. KANADE, J.DATED : 22nd DECEMBER, 2006.
P.C. :-
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
1. Heard learned counsel for the applicant and learned APPfor the State.
2. The applicant was convicted for the offences punishableU/s.304(II) r/w 149 IPC and sentenced to suffer R.I. for seven yearsand to pay a fine of Rs.1000/- and in default to suffer further R.I. forone month. He was also convicted for the offences punishableU/s.324 r/w 149 of IPC and sentenced to suffer R.I. for six months andto pay a fine of Rs.500/- and in default R.I. for fifteen days. He wasalso convicted for the offence punishable U/s.148 of IPC andsentenced to suffer R.I. for six months .
3. Learned counsel for the applicant submitted that the applicant is in jail since 2004 and he has already undergone two yearsand ten months in jail. He submitted that appeal is not likely to comeup for hearing in the near future. He further submitted that applicantmay be released on bail.
4. Learned APP for the State invited my attention to the order passed by this court dated 22[nd] February, 2006. By the said order theapplication for bail was rejected and liberty was granted to apply forbail again if appeal is not heard within a reasonable period of time.Since the applicant has undergone almost 50% of the sentence, in myview, this is a fit case to grant bail.
5. Under these circumstances, the applicant be released onbail in the sum of Rs.5,000/- with one or two sureties in like amount.The applicant shall report to Manor Police Station once in a week.
Under these circumstances, the applicant be released on .
The application is accordingly disposed of in above terms.
V.M. KANADE, J.