Chandrakant Dattaram Dhage And ORS. v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 02 OF 2015 IN CRI. REVISION APPLICATION NO. 09 OF 2015 Chandrakant Dattaram Dhage & Ors.

... Applicants.

(Org.Accused) V/s.

The State of Maharashtra & Anr.

... Respondents.

--- Mr.S.R.Chitnis, Senior Advocate a/with Ashish S. Sawant, Advocate for the Applicants.

Mr. V.B. Konde-Deshmukh, APP for the State.

--- CORAM : M.L.TAHALIYANI,J.

DATE : 13th FEBRUARY, 2015 P.C. :

Heard learned senior counsel Mr. Chitnis for the Applicants and the learned additional public prosecution Mr. Konde-Deshmukh for the State.

The applicants have been convicted by the learned Assistant Sessions Judge for the offences punishable under sections 147, 148 & 307 r/w. 149 of the Indian Penal Code. They are sentenced to suffer R.I. for a period of three years and to pay fine of Rs. 5,000/- each. The conviction recorded by the Assistant Sessions Judge has been confirmed by the Borey 1/2

spb/ 5appr02-15revn9-15.sxw Sessions Judge in Appeal. The revision filed by the applicants has been admitted.

Learned senior counsel Mr. Chitnis does not press bail application for Applicant No.1 - Chandrakant Dattaram Dhage. As far as the Applicant Nos. 2 and 3 are concerned, after having gone through the record, I am of the view that an arguable case is made out by the Applicant Nos. 2 and 3. They, therefore, deserve bail during the pendency of the revision application.

Hence, I pass the following order :

i) Bail Application of Applicant No. 1- Chandrakant D. Dhage is dismissed, as not pressed.

ii) Applicant Nos. 2 and 3 be released on bail on sum of Rs. 35,000/- each with one solvent surety in the like amount or a cash deposit of Rs. 35,000/- each in lieu of the surety.

Criminal Application stands disposed of accordingly. (JUDGE) .....

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