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MA NO.110/22 & BA 133/22
IN THE COURT OF SESSION FOR GREATER BOMBAY AT MUMBAI
COMMON ORDER
MISCELLANEOUS APPLICATION NO. 110 OF 2022
&
BAIL APPLICATION NO. 133 OF 2022
IN
REVISION CRIMINAL APPEAL NO. 16 OF 2022
(C.C. No. 2800379/PW/2019)
Ramanand @ Anand Ramchandra Yadav
… Appellant/Orig.Accd.
Versus.
The State of Maharashtra
Through P.S.O. of P.S. L.T.Marg
Mumbai.
… Respondents.
Appearance :
Mr. Ashish Phalke for the Appellant.
Mrs. Jyoti Sawant, Ld. SPP for the State/Respondent.
CORAM:
H.H. THE ADDL. SESSIONS JUDGE,
SMT. A.D. DEO (C.R. No. 35).
DATED :
21st January 2022
: ORAL ORDER:
In M.A. No.110/2022, the applicant original accused has
submitted that he is convicted by Judgment and Order dated 11.01.2022
in C.C. No. 2800379/PW/2019. He has preferred appeal against the said
Judgment and Order and has hope of success in the matter. Hence, it is
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MA NO.110/22 & BA 133/22
prayed that said impugned Judgment and Order be suspended.
2.
Vide B.A.No.133/2022, it is prayed that till the appeal is
decided the accused be enlarged on bail.
3.
Perused say of prosecution. Heard Advocates for both sides.
4.
Perused record before me, reveals that accused is convicted
and sentenced to undergo imprisonment of three years. Accused is behind
bars since 11.04.2019. As the accused has preferred appeal and he has
hopes of success, in the interest of justice, I allow both the applications.
Hence, I proceed to pass following order;
ORDER
1. Misc. Application No.110 of 2022 in Appeal No.16 of 2022 is allowed
and disposed of accordingly.
2. The impugned order dated 11.01.2022 in case No. 2800379/PW/2019
passed by the Metropolitan Magistrate 28th Court, Esplanade, Mumbai, is
hereby suspended till the decision of appeal.
3. Bail Application No.133 of 2022 in Appeal No.16 of 2022 is allowed and
disposed of accordingly.
4. Applicant/original accused Ramanand @ Anand Ramchandra Yadav
shall be released on his executing PB and SB of Rs. 25,000/ (Rupees
Twenty Five Thousand Only) with one or more sureties in the like amount,
one of them should be a local surety.
5. The applicant/accused shall furnish his mobile/landline numbers, the
mobile/landline numbers of his two close relatives/friends and also his
family members, who are residing preferably in Mumbai, in writing to the
concerned police station and shall not change his contact details till
conclusion of trial.
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MA NO.110/22 & BA 133/22
6. The applicant/accused shall also produce the proof of his identity and
proof of residence in Mumbai at the time of executing bail bonds.
7. The applicant/accused shall not contact the prosecution witnesses in any
manner and will not tamper with the prosecution evidence.
8. The applicant/accused is hereby directed that he shall not try to contact
with the victim in any manner and after release, he shall not visit the
jurisdiction, where the victim resides.
9. The applicant/accused shall attend each and every date of hearing till
conclusion of the trial.
10 The applicant/accused shall not leave India without prior permission of
the Court.
11. The applicant/accused shall not commit similar offences while on bail.
12. Ld. Counsel for the applicant/accused is directed to inform the above
conditions to the applicant/accused for compliance.
13. In case of breach/default of any of the above condition by the
applicant/accused, it would be viewed seriously and it would entail
cancellation of bail granted . to the applicant/accused.
14. Inform about this order to the Trial Court.
(Order dictated and pronounced in open court.)
(A.D. DEO)
Additional Sessions Judge,
City Civil & Sessions Court,
Gr. Bombay.
Date: 21.01.022
Dictated on
Transcribed on
Signed on
: 21/01/2022
: 24/01/2022
: 25/01/2022
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MA NO.110/22 & BA 133/22
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER
25/01/2022 at 3.35 p.m.
UPLOADED DATE AND TIME
S.S.Bathe
NAME OF STENOGRAPHER
Name of the Judge
(With Court Room No.
H.H.J. Smt. A. D. Deo
(Court Room No. 35)
)
Date
of
Pronouncement
Judgment/Order
of 21/01/2022
Judgment/Order signed by P.O. on
25/01/2022
Judgment/Order uploaded on
25/01/2022