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Bombay High CourtAPPA/627/2016other disposed off

Swapnil S/O Bapurao Pawar @ Alias Swapnil S/O Popatrao Pawar v. The State Of Maharashtra

2016-06-29Hon'Ble Shri Justice A.S. Gadkari2 pages

Ladda (P.S.) 1 /2 9-appln-627-16.doc FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 627 OF 2016 IN CRIMINAL APPEAL No.349 of 2016 Shri Swapnil Bapurao Pawar and Anr ..Applicants.

Vs The State of Maharashtra ..Respondent.

Mr. Sachin Thorat i/by A.D. Ostwal for the Applicant. Mr.A.S.Patil, APP. for the State.

CORAM : A.S.GADKARI, J.

DATE :

29th June, 2016 P.C.

1) The applicants are convicted for the offence punishable under Section 4/25 (1B) (b) of the Arms Act and have been sentenced to suffer rigorous imprisonment for two years and to pay fine of Rs. 3000/- each and in default of payment of fine to suffer further rigorous imprisonment for three months each by the learned Additional Sessions Judge, Nashik in Sessions Case No.62/2014 by its Judgment and order dated 11.4.2016.

2) The learned counsel for the applicants submitted that the applicants were on bail during the trial. He further submitted that the substantive sentence imposed upon the applicants has been suspended by an Order of this Court dated 1.6.2016 and the applicants were directed to continue on bail on same terms and conditions imposed during the trial.

Ladda (P.S.) 2 /2 9-appln-627-16.doc 3) The substantive sentence imposed upon the applicants is of two years. This a short term sentence. In view of the same, the substantive sentence imposed upon the applicants is hereby suspended during the pendency of the appeal. The applicants be released on bail on their furnishing PR bond of Rs.25,000/- with one or two solvent local sureties in the like amount. 4) After the applicants are released on bail, they shall attend the Trial Court once in six months on every first Monday of the said month between 11.a.m. to 1.00p.m.

5) Any two consecutive defaults in marking the presence will entitle the prosecution seeking cancellation of bail granted to the applicants.

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