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Bombay High CourtAPPA/334/2017

Ravindra Punamchand Angara And ORS v. The State Of Maharashtra

2017-03-02Hon'Ble Shri Justice A.M. Badar3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.334 OF 2017 WITH CRIMINAL APPLICATION NO.340 OF 2017 IN CRIMINAL APPEAL NO.181 OF 2017 Ravindra P. Angara and Ors.

)...Applicants V/s.

State Of Maharashtra )...Respondent Mr. S.R.Phatak i/by Atul Dubey, Advocates for the Applicants. Ms. A.A.Takalkar, APP for the Respondent - State.

CORAM

:

A. M. BADAR, J.

DATE :

2nd MARCH, 2017.

P.C. :

These are applications for suspension of sentence and releasing the Applicants/Accused Nos.1 to 5 on bail during the pendency of the Appeal filed by them.

Applicants/Accused Nos.1 to 5 are convicted of the offence punishable under Sections 143, 186, 353 read with Section 149 of the IPC and for the offence punishable under Section 143, they are sentenced to suffer SI for three months apart Shivgan 1/3

from directing them to pay some fine. For the offence punishable under Section 186 of IPC, they are sentenced to suffer SI for one month. For the offence punishable under Section 353 of IPC, they are sentenced to suffer SI for six months.

Heard both sides and perused the impugned judgment and order of conviction.

Appeal filed by Applicants/Appellants/Accused is already admitted for final hearing. It will take its own time for disposal. Short sentence is imposed on the Applicants/Accused for the offences which is held to be proved by the trial Court. In such situation, Applicants/Accused are entitled for liberty during the pendency of the Appeal. Interest of the prosecution can be served by putting them to terms, considering the nature of offence proved against them. Hence, the order:

(1) Applications are allowed.

(2) Substantive sentence of imprisonment imposed upon the Applicants are suspended.

(3) They are directed to be released on bail on executing PR Bond in the sum of Rs.15,000/- Shivgan 2/3

and on furnishing surety in the like amount of each of them.

(4) As condition of this order, ApplicantsAccused are directed to attend jurisdictional police station on every first Sunday of a month between 11 a.m. to 1 p.m. Till disposal of the appeal.

(A. M. BADAR, J.) Shivgan 3/3