Prafulla Krishna Bhandare And ORS. v. State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 476 of 2023 WITH INTERIM APPLICATION NO. 1546 OF 2023 IN CRIMINAL APPEAL NO. 476 OF 2023 Prafulla Krishna Bhandare and ors ..

Appellants

Versus

The State of Maharashtra ..

Respondent ...

Mr.Nagesh Y. Chavan for the appellant/applicant. Ms.P.N. Dabholkar, APP for the State.

CORAM: BHARATI DANGRE, J.

DATED : 24th APRIL 2023 P.C:- Appeal No.476/2023.

Heard. Admit.

Call for Record and Proceedings.

The learned APP waives notice for respondent no.1. IA No.1546/2023.

By the present Interim Application filed under Section 389 of Cr.P.C, the sentence imposed upon the appellants by the Sessions Judge in Sessions Case No.57/2013 is sought to Tilak

2/2 14 APEAL 476-23.doc be suspended. It is also informed that on 4/3/2023, the Sessions Judge has suspended the substantive sentence and released on the applicant on bail by furnishing sureties.

Considering the impugned judgment and the fact that the sentence imposed upon the accused persons on being convicted u/s, 143, 148, 149 along with Section 324 IPC and since the sentence imposed is of fixed term and minuscule in nature, in the wake of the decision of the Hon'ble Apex Court in Bhagwan Rama Shinde Gosai & Ors Vs. State of Gujarat, (1999) 4 SCC 421, I deem it appropriate to suspend the sentence and release the applicant on bail by continuing the order dated 4/3/2023 passed by the Sessions Judge.

( SMT. BHARATI DANGRE, J.) Tilak