Pandit Shivling Kamane And ANR v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 635 OF 2018 IN CRIMINAL APPEAL NO. 468 OF 2018 Pandit Shivling Kamane & Anr.

....Applicants.

Vs.

State of Maharashtra ....Respondent.

Mr. Ritesh Thobde a/w Mr. Sagar S. Tambe for the Applicants. Mr. V.V. Gangurde, APP for the Respondent-State. CORAM : A. S. GADKARI, J.

DATE : 19th APRIL, 2018.

P.C.:- This is an Application for suspension of sentence and for releasing the Applicants on bail.

The Applicants are convicted for an offence punishable under Section 498A r/w 34 of the Indian Penal Code and are sentenced to suffer rigorous imprisonment for one year each and pay a fine of Rs.3,000/- (Rupees Three Thousand only) each, in default further undergo rigorous imprisonment for three months each, by the learned Additional Sessions Judge, Solapur, in Sessions Case No. 259 of 2015, by its Judgment and Order dated 8th March, 2018. 1/3

ssm 2 The learned counsel for the Applicants submitted that, the Applicants have already deposited the fine amount in the Registry of the Trial Court. He further submitted that, the Trial Court has released the Applicants on bail under Section 389 (3) of Cr. P. C. by an Order of even date.

As the maximum sentence imposed upon the Applicants is one year of rigorous imprisonment and the possibility of hearing of Appeal on merits in the near future is remote, I am inclined to suspend the sentence and release the Applicants on bail. Hence the following ordera) During the pendency of the Appeal, the substantive sentence imposed upon the Applicants is suspended and the Applicants are released on bail in Sessions Case No. 259 of 2015, on their furnishing PR bond of Rs.25,000/- (Rupees Twenty Five Thousand only) each, with one or two separate solvent local sureties in the like amount.

b) During the pendency of the Appeal, the Applicants shall attend and mark their presence before the Trial Court on every first Monday of the month 2/3

ssm 3 between 11.00 a.m. to 2.00 p.m.. If the said first Monday is a Court holiday/Public holiday, the Applicants shall mark their presence on the immediate next day.

Application is allowed in the aforesaid terms. (A.S. GADKARI, J.) 3/3