Sunil Appasaheb Salunkhe And ANR v. The State Of Maharashtra

5.APPA.1054-15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1054 OF 2015 IN CRIMINAL APPEAL NO.887 OF 2015 Shri Sunil Appasaheb Salunkhe and another.

..Applicants

Versus

State of Maharashtra ..Respondent ....

Mr. Akshay Kulkarni i/b. Manoj A. Patil, for the Applicants. Mrs. P.P. Bhosale, APP, for the State.

....

CORAM : A. R. JOSHI, J.

DATE : 9th SEPTEMBER, 2015 P.C.

1.

Heard rival arguments on this application for bail / suspension of substantive sentence during pendency of appeal. 2.

The applicants/original accused Nos.1 and 2 are convicted for the offences punishable under Sections 304B and 306 read with Section 34 of IPC. For the offence punishable under Section 304B of IPC both the applicants are sentenced to suffer SI for seven years. By the impugned judgment and order other accused Nos.3 to 6 were acquitted. During trial, both the 1 / 2

5.APPA.1054-15.doc applicants were on bail. It is apparent that only the relatives of the victim woman have given evidence and there is no independent evidence of any neighbour residing in the vicinity of the maternal home of the victim.

3.

Considering that the decision in the appeal will take much longer period and considering that during the trial the appellants/applicants were on bail, present application is allowed. Both the applicants be released on same bail as granted by the trial Court with fresh bonds to be executed before the trial Court. Application is disposed of accordingly. ( A. R. JOSHI, J.) Deshmane (PS) Certified to be true and correct copy of the original signed order. 2 / 2