Tatya Pandurang Gaikwad And ORS v. The State Of Maharashtra

16.APPA.142.18 in Apeal.86.18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.142 OF 2018 IN CRIMINAL APPEAL NO.86 OF 2018 Mr. Tatya Pandurang Gaikwad & Ors.

..Applicants Vs The State of Maharashtra ..Respondent ----- Mr. M.N. Sandhyanshiv for the Applicants.

Mr. A.R. Kapadnis, APP for the Respondent State. CORAM : A.S.GADKARI, J.

DATE : 14th MARCH 2018.

P.C.:

1.

This is an application for suspension of sentence and releasing the applicants on bail.

2.

The applicants are convicted for an offence punishable under Sections 304B, 306, 498A r/w.34 of the Indian Penal Code and have been sentenced to suffer maximum imprisonment for seven years and to pay a total fine of Rs.2,000/- each by the learned District Judge-3 & Addl. Sessions Judge, Malegaon in Sessions Case No.72/2014 by its judgment and order dated 20.01.2018.

3.

The learned counsel for the applicants submitted that the applicants have already deposited the entire fine amount imposed upon them in the Registry of the Trial Court.

Aarti Palkar 1/2

16.APPA.142.18 in Apeal.86.18.doc 4.

The maximum sentence imposed upon the applicants is seven years and there is a remote possibility of appeal being heard on merits in near future. In view thereof, I am inclined to release the applicant on bail. Hence, the following order.

(a) The applicants be released on bail in Sessions Case No.72/2014 on his furnishing PR bond of Rs.25,000/- each with one or two separate solvent local sureties in the like amount. (b) After their release from Jail, the applicants shall attend the concerned Police Station on every first Monday of the month between 11.00 a.m. to 1.00 p.m. If the said Monday comes on a holiday or non-Court working day, he shall attend the Court on the immediate next working day.

5.

Application is allowed in the aforesaid terms. (A.S.GADKARI, J.) Aarti Palkar 2/2