Babulal Gilji Patel And Ors vs The State Of Maharashtra
2021 Latest Caselaw 4626 Bom

                                                                      40-IA.900.2021.doc

                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      CRIMINAL APPELLATE JURISDICTION

                 CRIMINAL INTERIM APPLICATION NO.900 OF 2021
                                    WITH
                 CRIMINAL INTERIM APPLICATION NO.828 OF 2021
                                     IN
                 CRIMINAL REVISION APPLICATION NO.64 OF 2021


1.        Babulal Gilji Patel                    ]
2.        Leena Bala Patel                       ]
3.        Paresh Karsan Patel &                  ]
4.        Bharat Mangilal Vyas                   ]        ...       Applicants
             V/s.
The State of Maharashtra                         ]        ...       Respondent


Mr. Shekhar Ingawale a/w Mr. Ranjit Hathar for Applicants.
Mr. Amit Palkar, APP for Respondent (State).

                                    CORAM   : A. S. GADKARI, J.

                                    DATE    : 12th MARCH, 2021.

P.C. :

1. These are the Applications for suspension of sentence and for

releasing the Applicants on bail.

2. The Applicants have been convicted for the offences punishable

under Section 51 and 63 of The Copyright Act, 1957 and sentenced to

serve simple imprisonment of six months each and to pay fine of

Rs.15,000/- each, in default of payment of fine to further suffer simple

imprisonment of one month each, by the learned Jt. Judicial Magistrate

First Class, Vashi, Navi Mumbai, in R.C.C. No.826 of 2016, by its

Judgment and Order dated 30th January 2018.

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                                                                     40-IA.900.2021.doc

Criminal Appeal No.39 of 2018 preferred by the Applicants

has been dismissed by the learned Additional Sessions Judge, Thane, by

its Judgment and Order dated 17th February 2021.

3. Learned counsel for the Applicants submitted that, during the

pendency of the trial so also in the appeal, the Applicants were released

on bail and there is no report of breach of any of the conditions imposed

upon them. He further on instructions submitted that, the Applicants have

already deposited entire fine amount in the Registry of the Trial Court.

4. The sentence imposed upon the Applicants is a short term

sentence. The possibility of hearing the present Revision Application on its

own merits in near future is remote.

In view thereof, the sentence imposed upon the Applicants

can be suspended and the Applicants can be released on bail.

5. Hence the following Order :

a) During the pendency of the present Revision Application, the substantive sentence imposed upon the Applicants is suspended.

b) Applicants be released on bail in R.C.C. No.826 of 2016 on their furnishing P.R. bond of Rs.10,000/- each with one or two separate local sureties in the like amount.

c) During the pendency of the present Revision Application, Applicants are directed to attend Vashi Police Station, on every first Monday of every third

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40-IA.900.2021.doc

month between 10.00 a.m. and 12.00 noon. Thus, the Applicants shall attend Vashi Police Station four times in a year.

6. Both the Interim Applications are allowed in the aforesaid terms.

                                                  (A. S. GADKARI, J.)




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