Mahesh Vishnu Masmare And ORS v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.775 OF 2017 (For Bail) IN CRIMINAL APPEAL NO.477 OF 2017 WITH CRIMINAL APPLICATION NO.776 OF 2017 (For Suspension of Sentence) IN CRIMINAL APPEAL NO.477 OF 2017 1.

Mahesh Vishnu Masmare 2.

Naresh Valkya Batra 3.

Gondya Madhya Bond ...Applicants.

Versus

The State of Maharashtra

...Respondent

Mr.V.J.Bhopatrao i/b Mr.S.S.Karmarkar, for the Applicants. Mr.V.V.Gangurde, A.P.P for the Respondent-State CORAM : REVATI MOHITE DERE, J.

DATE : 12th JUNE, 2017 P.C. :

1.

Heard learned counsel for the parties.

2.

By this application the applicants seek their enlargement on bail, pending the hearing and final disposal of their appeal.

2/3 3.

The applicants, have been convicted by the learned District Judge - 1 and Special Judge (POCSO) Act, Thane, vide Judgment and Order dated 25th April, 2017 for the offence punishable under Section 8 of Protection of Children from Sexual Offences Act and have been sentenced to suffer R.I for 3 years and to pay fine of Rs.500/- each in default to suffer further S.I. for 6 months. The applicants have also been convicted for the offence punishable under Section 354(A)(1)(i) r/w 34 of the Indian Penal Code and have been sentenced to suffer R.I for 1 year and to pay fine of Rs.500/- each in default to suffer further S.I. for 3 months. Both the sentences are directed to be run concurrently. 4.

Perused the papers. The trial Court was pleased to suspend the applicants' sentence till today. The Appeal has been admitted by a separate order passed today and the same is not likely to come up for hearing in the immediate near future. The applicants were on bail pending trial and have not abused or misused the liberty granted to them. 5.

Considering the aforesaid, the applicants' sentence is suspended and they are enlarged on bail, pending the hearing and final

3/3 disposal of their Appeal, on the following terms and conditions :

ORDER

(i) The Applicants be enlarged on bail on furnishing P.R. Bond in the sum of Rs.10,000/- each with one or two sureties in the like amount.

6.

The Application is allowed in the aforesaid terms and is accordingly disposed of.

7.

In view of the aforesaid, Criminal Application No.776 of 2017 for Suspension of Sentence, does not survive and the same is disposed of. 8.

All concerned to act on the authenticated copy of this order. (REVATI MOHITE DERE, J.)