Amit Shivaji Shibe And ORS v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1155 OF 2017 IN CRIMINAL APPEAL NO.675 OF 2017 Amit Shivaji Shibe and Ors.

...Applicant

Versus

State of Maharashtra

...Respondent

.....

Mr.Chetan G.Patil for the Applicant.

Mr.Rajan Salvi APP for the State ......

CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED: 8th AUGUST, 2017.

P.C.:- 1.

The aforesaid applicants have challenged the judgment and order dated 9th June, 2017 in Sessions Case No.19 of 2016 wherein, they have been found guilty for the offences punishable under Sections 395, 120-B r/w Sections 149 of the Indian Penal Code. The Applicant Nos.2 to 4 have been found guilty of the offences under Sections 363, 342 r/w Section 149 of the Indian Penal Code. Applicant Nos.3 and 4 for the offence punishable under Section 170 r/w 149 of the Indian Penal Code and all the applicants have been guilty for the offences 120-B r/w 149 of the Indian Penal Code. The applicants have been sentenced for three years each. The Applicant Nos.1 to 4 were on bail during the 1/3

pendency of the trial, whereas the applicant Nos.2 and 3 were arrested on 27th March, 2016 and were in custody till the date of the judgment. The learned Sessions Judge, has suspended the execution of sentence, till filing of the appeal, on furnishing bail bond of Rs. 15,000/- and PR bond in the like amount.

2. I have heard the learned counsel for the applicant and the learned APP for the State and also perused the records. The applicants have been sentenced to a maximum period of three years and they have already undergone the sentence for almost one year. Furthermore, the appeal is of the year 2017 and considering the large pendency of the cases, the appeal is not likely to come up for final hearing at least in next couple of years. Rejection of the application will therefore result in the Applicant's undergoing the entire term of imprisonment even before deciding their appeals on merits. 3.

In view of the above facts and circumstances, following order is passed:-

ORDER

(i) The application is allowed;

(ii) Pending the final disposal of the appeal, the execution of the 2/3

substantive sentence imposed on the applicants in Sessions Case No.19 of 2016 is suspended;

(ii) The applicants shall furnish bail bonds of Rs.25,000/- (twenty five thousand only) each with one surety of the like amount to the satisfaction of the Sessions Judge, Ratnagiri; (iii) The applicants shall report to the police station, Ratnagiri on every first Monday of the Month till the disposal of the Appeal;

(iv) The applicants shall furnish permanent as well as local address, if any, and shall intimate change of address, if any, to the Investigating Officer, as well as to the Court. (ANUJA PRABHUDESSAI, J.) 3/3