Phulabai Pandurang Jadhav And ANR. v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 135 OF 2019 WITH CRIMINAL APPLICATION NO. 136 OF 2019 IN CRIMINAL REVISION APPLICATION ST. NO. 155 OF 2019 Smt.Phulabai Pandurang Jadhav & Anr.

...Applicants

Versus

The State of Maharashtra (Through Tasgaon Police Station, Sangli)

...Respondent

----- Mr.Shyamrishi Pathak for the Applicants.

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

----- CORAM : MRS. MRIDULA BHATKAR, J.

DATE : 14 MARCH 2019 P.C.:

1.

These Criminal Applications are moved by the applicants/accused for suspension of sentence and for bail. The applicants/accused are convicted for the offence punishable under section 324 read with 34 of the Indian Penal Code and are sentenced to suffer S.I. for 1 month and directed to pay a fine of Rs. 500/- each, in default to suffer S.I.for 15 days by judgment and order dated 12.02.2008 passed by the learned Judicial Magistrate First Class, Tasgaon in Regular Criminal Case No. 161 of 1/3

2001. The said order was challenged in Criminal Appeal No. 79 of 2008. The said Appeal was dismissed by judgment and order dated 29.10.2018 passed by the learned Additional Sessions Judge, Sangli and the order of the trial Court was confirmed.

2.

The learned counsel for the applicants/accused submits that applicant No.1 is approximately 85 years old lady and applicant No.2 is 68 years old lady. He further submits that both the applicants/accused were on bail.

3.

The learned APP submits to the order of this Court. 4.

Heard. In view of the submissions made by the learned counsel and considering the nature of the offence, these Applications are allowed on the following conditions:

ORDER

(i) The impugned sentence is suspended pending revision application;

(iii) The applicants/accused shall be released on bail upon furnishing P.R.Bond in the sum of Rs. 10,000/- each with one or two sureties in the like amount;

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(iii) The applicants/accused shall not jump the bail; (iv) The applicants/accused shall remain present at the time of hearing of the revision application.

(MRIDULA BHATKAR, J.) 3/3