Vijay Anna Rajoba And ANR v. The State Of Maharashtra

sr.5.appa.854.2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No.854 of 2018 IN CRIMINAL APPEAL NO.696 OF 2018 Vijay Anna Rajoba and anr.

...

Applicants V/s.

The State of Maharashtra ...

Respondent Mr.Nitesh J. Mohite i/b. Mr.Satyavrat Joshi for the appellants/applicants. Mr.A.R. Kapadnis, APP for the respondent/State. CORAM : A.M.BADAR J.

DATED : 11th JUNE 2018.

P.C. :

1.

This is an application for suspension of sentence and for releasing the applicants/accused on bail during the pendency of the appeal filed by them.

The applicants/accused are convicted of an offence punishable under Sections 326 read with 34 of the Indian Penal Code and they are sentenced to suffer rigorous imprisonment for two years.

2.

Heard the learned Additional Public Prosecutor for the State.

Vina k 1/2

sr.5.appa.854.2018.doc 3.

Short sentence of imprisonment of two years is imposed on the applicants. The appeal filed by them is not likely to be heard within that period.

4.

The impugned judgment and order of conviction and resultant sentence shows that the applicants were on bail during the pendency of the trial. It is not seen that they have misused their liberty, therefore, the order; :: ORDER ::

(i) The application is allowed.

(ii) Substantive sentence imposed on the applicants/accused is suspended and they are directed to be released on bail on their executing P.R. Bond in the sum of Rs.15,000/- each and on furnishing sureties by each of them in the like amount (iii) As condition of this order, the applicants / accused should not contact either the victim of the crime in question and the prosecution witnesses in any manner and they should not repeat commission of similar offences in future. (iv) The application is disposed of accordingly. (A.M.BADAR J.) Vina k 2/2