Vijay Alias Bapu Mahadeo Torne And ORS v. The State Of Maharashtra

10-APPA-402-2017.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.402 OF 2017 IN CRIMINAL APPEAL NO.230 OF 2017 VIJAY @ BAPU MAHADEO TORNE & ORS.

)...APPLICANTS V/s.

THE STATE OF MAHARASHTRA )...RESPONDENT Mr.Vinod Sangvikar i/b. Mr.Umesh Mankapure, Advocate for the Applicant.

Mr.A.R.Kapadnis, APP for the Respondent - State.

CORAM

:

A. M. BADAR, J.

DATE :

14th MARCH 2017.

P.C. :

This is an application by accused persons for suspension of sentence and releasing them on bail. They came to be convicted of the offence punishable under Section 498A read with Section 34 of the IPC and are sentenced to suffer rigorous imprisonment for 3 years, apart from payment of fine of Rs.1,000/- by each of them, in default, to undergo further simple avk 1/2

10-APPA-402-2017.doc imprisonment for 6 months. They came to be acquitted of other offences alleged against them.

Heard both sides and perused the impugned judgment and order.

Short sentence of 3 years has been imposed upon against applicants / accused for the offence punishable under Section 498A read with 34 of the IPC. The appeal is not likely to be heard in near future. Substantive sentence imposed on them has already been suspended by the learned trial court. In this view of the matter, the following order :

i) The application is allowed.

ii) Substantive sentence of imprisonment imposed upon applicants / accused is suspended and they are directed to be released on bail on their executing P.R.Bond in the sum of Rs,15,000/- each and on furnishing surety in like amount by each of them.

(A. M. BADAR, J.) avk 2/2