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Bombay High CourtAPPA/465/2017

Sakhahari Daulat Dhokale And ANR v. The State Of Maharashtra

2017-03-29Hon'Ble Shri Justice A.M. Badar2 pages

12-APPA-465-2017.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.465 OF 2017 IN CRIMINAL APPEAL NO.266 OF 2017 SAKHAHARI DAULAT DHOKALE )...APPLICANT V/s.

THE STATE OF MAHARASHTRA )...RESPONDENT Mr.Sachin Gite, Advocate for the Applicant.

Ms.A.A.Takalkar, APP for the Respondent - State.

CORAM

:

A. M. BADAR, J.

DATE :

29th MARCH 2017.

P.C. :

This is an application for suspension of sentence and releasing the applicant / accused on bail during pendency of the appeal filed by them. The applicant / accused no.8 came to be convicted of offences punishable under Section 324, 447 and 506(I) of IPC by the learned trial court. For the offence punishable under Section 324 of the IPC, he is sentenced to suffer rigorous imprisonment for 1 year apart from payment of fine of avk 1/2

12-APPA-465-2017.doc Rs.5,000/-, in default, he is directed to suffer simple imprisonment for three months. On other counts, lesser sentence is awarded to him, and all sentences are directed to run concurrently and therefore, it is not necessary to mention other sentences.

Heard both sides. Perused the impugned judgment and order. It is reported that the learned trial court has already released the applicant / accused no.8 on bail by suspending his sentence, considering the quantum of sentence. The appeal is likely to take its own time for final hearing. As such, the following order :

i) The application is allowed.

ii) Substantive sentence of imprisonment imposed upon the applicant / accused no.8 is suspended and the applicant / accused is directed to be released on bail on his executing P.R.Bond in the sum of Rs.15,000/- and on furnishing surety in like amount.

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