LAXMAN MALHARI SABLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) :---RULE. By consent, rule made returnable forthwith. Heard both sides.

(2.) WE have admitted the appeal of the petitioner on 11th February, 1997 when we had granted him liberty to file a separate application for bail. Criminal Application No. 529 of 1997 for bail was granted by us on 17th February, 1997 in the peculiar facts and circumstances which may briefly be indicated as under:

(3.) THE incident in question took place on 6th January, 1989. Pending trial of the petitioner for the offence punishable under section 302 of I. P. C. , he was elected as Municipal Councillor of Khopoli Municipal Council in December, 1996. The learned Sessions Judge, Alibag by his judgment and order dated 6th February, 1997 held the petitioner guilty of offence punishable under section 304 Part I of I. P. C. and sentenced him to undergo imprisonment for a period of ten years and to pay a fine of Rs. 5. 000/- in default to suffer R. I. for one year. The order of sentence proceeds on the assumption that minimum sentence would be imprisonment for a period of ten years.