Chaitanya @ Dada Laxman Bhagwat And ORS. v. The State Of Maharashtra

Osk 9-IA-1928-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1928 OF 2022 IN CRIMINAL APPEAL NO. 636 OF 2022

1. Chaitanya @ Dada Laxman Bhagwat

2. Rajendra @ Raju Raghunath Mohite &

3. Santosh Dhondiram Pujari ... Applicants/Appellants V/s.

The State of Maharashtra ... Respondent Mr.Nagesh Y. Chavan for Applicants/Appellants. Ms.Sharmila Kaushik, A.P.P. for Respondent-State. CORAM : A.S. GADKARI, J.

DATE : 4th July 2022.

P.C. :

1.

This is an application for suspension of sentence and releasing the Applicants on bail.

2.

Applicants are original Accused Nos.2, 3 & 4 respectively. Applicants have been convicted under Sections 143, 147 & 353 read with 149 of the Indian Penal Code and are sentenced to suffer maximum rigorous imprisonment for six months and to pay a total fine of Rs.1600/- each by the learned Additional Sessions Judge, Sangli in Sessions Case No.250 of 2019 by 1/3

Osk 9-IA-1928-2022.odt its Judgment and Order dated 6th May 2022.

3.

Learned Advocate appearing for Applicants submitted that, during the pendency of the trial, the Applicants were released on bail and there is no report of breach of any of the conditions imposed upon them. He further on instructions submitted that, all the Applicants have already deposited entire fine amount in the Registry of the Trial Court. 4.

The sentence imposed upon the Applicants is a short terms sentence i.e. rigorous imprisonment for six months. Possibility of hearing the present Appeal on its own merits in near future is remote. As noted earlier, the Applicants were on bail during the pendency of the trial. In view thereof, during the pendency of the present Appeal, the substantive sentence imposed upon the Applicants can be suspended and they can be released on bail. 5.

Hence, the following Order :- (i) Applicants/Accused be released on bail in Sessions Case No. 250 of 2019, arising out of C.R.No. 187 of 2017 registered with Atpadi Police Station, District Sangli, on their furnishing P.R. bond of Rs.25,000/- each, with one or two separate solvent local sureties in the like amount.

(ii) After their release from jail and till final disposal of present Appeal, Applicants are directed to attend 2/3

Osk 9-IA-1928-2022.odt Atpadi Police Station on every first Monday of the month initially for a period of 1 year and thereafter on every first Monday of every 3rd month, i.e. 4 times in a year.

6.

Application is allowed in the aforesaid terms. [A.S. GADKARI, J.] by OMKAR SHIVAHAR KUMBHAKARN Date:

2022.07.05 14:19:23 +0530 OMKAR SHIVAHAR KUMBHAKARN 3/3