Dhondiba Alias Dhondiram Dagadu Maragaje And ORS v. The State Of Maharashtra

Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.911 OF 2017 (For Bail And Suspension Of Sentence) IN CRIMINAL APPEAL NO.558 OF 2017 1.

Dhondiba alias Dhondiram .Applicants Dagadu Maragaje 2.

Gorakshnath Gopal Maragaje 3.

Gopal Krishna Maragaje 4.

Prakash Dhondiba Maragaje Vs.

The State of Maharashtra .Respondent Ms Manjiri S. Parasnis, Advocate, for the Applicants Mr.S.R.Agarkar, APP, for the Respondent - State

CORAM

:

REVATI MOHITE DERE, J.

DATE :

07.07.2017 P.C.

.

Heard learned counsel for the parties.

2.

By this Application, the Applicants seek suspension of their sentence & enlargement on bail, pending the hearing and final disposal of the aforesaid Appeal.

3.

Vide Judgment and Order dated 09.06.2017, passed by the learned Additional Sessions Judge, Satara in Sessions Case No.17 of 2015, the Applicants have been convicted & sentenced as under :- - For the offence punishable under Section 332 of the Indian Penal, to suffer R.I. for one year and to pay fine of Rs.3,000/- each, in default to suffer R.I. for further period of 15 days;

- For the offence punishable under Section 353 of the Indian Penal Code, to suffer R.I. for one year and to pay fine of Rs.3,000/- each, in default to suffer R.I. for further period of 15 days;

- For the offence punishable under Section 341 of the Indian Penal Code, to suffer R.I. for one month and to pay fine of Rs.500/- each, in default to suffer R.I. for further period of 5 days;

All the sentences are directed to run concurrently.

4.

Learned counsel for the Applicant submits that the Applicants were on bail pending the hearing and final disposal of his Appeal and have not abused or misused the conditions of bail. She further submits that the Applicants' sentence was suspended.

5.

The Appeal has been admitted by a separate order passed today. The sentence imposed is a short term sentence. Considering the fact, that the Appeal is not likely to be heard in the immediate near future and the fact that the Applicants were on bail pending the trial and have not abused or misused the conditions of bail, the Applicants' sentence is suspended and they are enlarged on bail pending the hearing and final disposal of his Appeal on

the following terms & conditions:- O R D E R (i) The Applicants be enlarged on bail, on executing PR Bond in the sum of Rs.15,000/- each with one or two sureties in the like amount.

6.

Accordingly, the Application is disposed of on the aforesaid terms.

Parties to act on the authenticated copy of this order.

(REVATI MOHITE DERE, J.)