POLASH KARTIK MANDAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant herein is convicted for offence punishable under section 326 of the Indian Penal Code and sentenced to suffer R.I. for 4 years and to pay fine of Rs. 3,000/- I.d. to suffer R.I. for 4 months by the Ad hoc Additional Sessions Judge-1, Thane vide Judgment and Order dated 27/8/2013 in Sessions Case No. 522 of 2012. Hence, this appeal.

(2.) Before resorting to the facts of the case, it would be necessary to see that the appellant herein was granted bail by this Court vide order dated 30/1/2014. The advocate representing the appellant had filed an application before the Registrar on 3/2/2014 and had asked for the hand-delivery of the order dated 30/1/2014. It is clear from the record that the advocate representing the appellant had not submitted the copy of the Writ before the Sessions Judge at Thane and therefore, a report was called from the Sessions Court, Thane as to whether the appellant had furnished bail. The report of the Assistant Registrar dated 18/3/2019 shows that a reminder was sent to the learned Sessions Judge, Thane, enquiring as to whether bail writ was received by the said Court. The office report shows that upon sending reminders to the District Judge, Thane, it was sen from his report that the District Court at Thane had not received any bail writ till today. In view of this, the appellant continued to remain in custody although he was granted bail vide order dated 30/1/2014.

(3.) Hence this Court requested Ms. Megha Shashi Bajoria to espouse the cause of the appellant. She has graciously accepted the request made by this Court.