Bhimashankar Mallikarjun ... vs The State Of Maharashtra
2021 Latest Caselaw 2341 Bom

Rane                          1/4            IA-555-2020 (SR.8)
                                                       4.2.2021

          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 CRIMINAL APPELLATE JURISDICTION

             INTERIM APPLICATION NO. 555 OF 2020

                              IN
                CRIMINAL APPEAL NO. 386 OF 2020



Bhimashankar Mallikarjun
Dhangapure                                  ....Applicant
    V/s.
The State of Maharashtra                    ....Respondent

                                     * * * *

Mr. S.P. Rajepandhare, Advocate for the applicant.

Mr. S.R. Agarkar, APP for State.

PSI, D.B. Ligade, Solapur City Police Station present.


                   CORAM : SANDEEP K. SHINDE, J.


                   Thursday, 4th February, 2021.


P.C . :

1.            Heard learned Counsel for the applicant and

learned APP for State.
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                                                4.2.2021

2.        The learned Additional Sessions Judge-3,

Solapur, convicted the appellant (accused) for the

offence punishable under Section 135 of the Electricity

Act and sentenced him to suffer simple imprisonment

for a period of one year and fine of Rs.14,48,370/-

with default stipulation.     That too say, to undergo

simple imprisonment for the period of six months, by

judgment and order dated 29th January, 2020 passed

in Special Case (MSEB) No. 12/2012. The learned trial

Judge, declined to suspend the sentence since the

applicant did not pay the fine.




3.        At any rate, the substantive sentence is for

one year, and for default, additional six months.

Appellant has undergone the punishment of a year

and a month.
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                                                         4.2.2021

4.            In this view of the matter, the sentence

imposed by the Additional Sessions Judge-3, Solapur

in Special Case (MSEB) No.12/2012 is suspended and

applicant is directed to be released on bail on the

following conditions and hence the following order :

                         O R D E R

(i) The applicant arrested in Crime No.

3023/2009 registered with Jail Road Police

Station, Solapur be released on bail on

executing P.R. bond for the sum of

Rs.50,000/- (Rs. Fifty Thousand only) with

one or more sureties in like sum.

(ii) The applicant shall mark his presence in

the Court of Additional Sessions Judge-III,

Solapur on fourth Monday of each month till

further orders.

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(iii) The applicant shall furnish particulars of

his permanent residential address and contact

details to the Investigating Officer within

seven days from his release from jail.

5. The application is accordingly allowed and

disposed of.

6. It is made clear that observations made

hereinabove be construed as expression of opinion

only for the purpose of granting bail and the same

shall not in any way influence the trial in other

proceedings.

         Digitally
         signed by
Neeta    Neeta S.
S.
         Sawant
         Date:

(SANDEEP K. SHINDE, J.) Sawant 2021.02.04 16:08:17 +0530