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Bombay High CourtAPPA/729/2019bail granted

Gurudeepsingh Surendersingh Nagpal And ANR v. The State Of Maharashtra

2019-05-03Hon'Ble Mrs. Justice Mridula Bhatkar3 pages

Vidya Amin.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 729 OF 2019 WITH CRIMINAL APPLICATION NO. 730 OF 2019 IN CRIMINAL APPEAL NO. 688 OF 2019

1. Gurudeepsingh Surendersingh Nagpal

2. Shekhar Kamlakar Patil ...

Applicants vs.

The State of Maharashtra ...

Respondent Mr. Sumeet Vankadkar, Advocate for the applicants. Mr. N.B. Patil, APP for the respondent/State. CORAM: Mrs.MRIDULA BHATKAR, J.

DATED: 3rd May, 2019 P.C. :

Upon mentioning, taken on production board.

2.

In this Appeal, these Applications are moved by the applicants/accused for suspension of sentence and for releasing them on bail. By the judgment and order dated 27th March, 2019 passed by the learned Additional Sessions Judge, City Civil and Sessions Court, Greater Bombay, the applicants/accused are convicted for the offences punishable under section 324 r/w. 34 of the Indian Penal Code and are sentenced to suffer rigorous imprisonment for one year and to pay fine of Rs.10,000/- each

and in default, to suffer simple imprisonment for six months each. 3.

The learned counsel for the applicant submitted that the applicant/accused was on bail throughout the trial. The learned counsel submitted that the accused were in jail from 16th February, 2015 to 8th May, 2015. Now the accused are not in prison. The learned counsel makes statement that the applicants/accused will deposit the fine amount. The learned counsel submitted that the applicants/accused have good case on merits and therefore, prays for suspension of sentence and for bail.

4.

Learned Prosecutor is present and submits to the orders of the Court.

5.

In view of the submissions of the learned Counsel for the applicants and also as there is no chance that the Appeal will be heard in near future, the Applications are allowed on the following terms:

i) The applicants/accused to deposit the fine amount within one month;

ii) The applicants/accused shall be released on bail upon

furnishing a P.R. Bond in the sum of Rs.15,000/- each with one or two sureties in the like amount;

(iii) The sentence is suspended, pending the Criminal Appeal;

iv) The applicants/accused shall not indulge into any criminal activity.

6.

Criminal Applications stands disposed of accordingly. (MRIDULA BHATKAR, J.)