Kundan Ananta Watari And ORS v. The State Of Maharashtra

1/3 nsc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.373 OF 2017 IN CRIMINAL APPEAL NO.209 OF 2017 1.

Kundan Ananta Watari 2.

Sandesh Ananta Watari 3.

Ananta Shantaram Watari ...Applicants

Versus

The State of Maharashtra

...Respondent

Mr.A.M.Shaikh, for the Applicants.

Ms.G.P.Mulekar, A.P.P for the Respondent-State CORAM : REVATI MOHITE DERE, J.

DATE : 16th MARCH, 2017 P.C. :

1.

Heard learned counsel for the applicants and the learned APP.

2.

By this application, the applicants seek their enlargement on bail, pending the hearing and disposal of the aforesaid Criminal Appeal.

2/3 3.

The applicants, have been convicted by the learned Additional Sessions Judge - 3, Thane, vide Judgment and Order dated 18th January, 2017 for the offence punishable under Section 307 r/w 34 of the Indian Penal Code and have been sentenced to suffer R.I for 3 years each and to pay fine of Rs.1,000/- each in default to suffer R.I. for 15 days. 4.

Learned Counsel for the applicants state that the applicants were on bail pending trial and that after their conviction, their sentence has been suspended. 5.

Perused the papers. The Appeal has been admitted by a separate order passed today and the same is not likely to come up for hearing in the immediate near future. The sentence awarded is a short term sentence. It is not in dispute that the applicants were on bail pending trial and at present their sentence has been suspended. The applicants have not abused or misused the liberty granted to them when they were enlarged on bail.

3/3 6.

Considering the aforesaid, the application is allowed and the applicants sentence is suspended and they are enlarged on bail, pending the hearing and final disposal of their appeal, on the following terms and conditions:-

ORDER

(i) The Applicants be enlarged on bail on furnishing P.R. Bond in the sum of Rs.15,000/- each with one or two sureties in the like amount;

(ii) The applicants shall attend the concerned Police Station, once in three months on the first Monday of that month, commencing from April 2017, between 11:00 a.m. to 12:00 noon, pending the hearing and final disposal of their Appeal.

7.

The Application is allowed in the aforesaid terms and is accordingly disposed of.

8.

All concerned to act on the authenticated copy of this order.

(REVATI MOHITE DERE, J.)