Hari Narayan Gaikwad And ANR. v. The State Of Maharashtra
13-IA-1961-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1961 OF 2024 IN CRIMINAL APPEAL NO. 486 OF 2024
1. Hari Narayan Gaikwad
2. Saiprasad Mohan Gaikwad ...Applicants/Appellants
Versus
The State of Maharashtra
...Respondent
....
Mr.Rushikesh Kale, Advocate for the Applicants. Mr.Sukanta A. Karmakar, A.P.P. for the Respondent - State. ....
CORAM
:
N. R. BORKAR, J.
DATE :
8th MAY, 2024.
P.C.
:
1.
The Applicants/Appellants have filed appeal against the Judgment and order dated 08.04.2024 in Special Case No. 306 of 2023, by which the trial Court has convicted the Applicants for the offences punishable under Sections 353, 332 & 324 r/w Section 34 of Indian Penal Code and sentenced to suffer rigorous imprisonment for three months for each offence. 2.
By this application, the Applicants have prayed that the substantive sentence be suspended and they be released on bail. by SAJAKALI LIYAKAT JAMADAR Date:
2024.05.08 19:25:22 +0530 SAJAKALI LIYAKAT JAMADAR Sajakali Jamadar
13-IA-1961-2024.doc 3.
I have heard learned counsel for the Applicants and the learned APP for the respondent/State.
4.
The learned counsel for the Applicants submits that the Applicants have good case on merits. It is submitted that the Applicants were on bail during trial and they did not misuse the liberty granted to them.
5.
On the other hand, learned APP for the respondent-State submits that considering the nature of offences, the sentence may not be suspended.
6.
This Court has admitted the appeal filed by the Applicants. Considering the fact that sentence is of only three months, I am inclined to suspend the sentence and release the Applicants on bail. 7.
Interim Application is allowed and disposed of. 8.
Till the decision of the appeal, the substantive sentence of imprisonment is suspended and the Applicants be released on bail on executing P.R. Bond in the sum of Rs.15,000/- each with one surety in the like amount subject to deposit of the fine amount by the Applicants before the trial Court.
(N. R. BORKAR, J.) Sajakali Jamadar