Nandkumar Bapurao Nale And ORS. v. The State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.2637 OF 2021 IN CRIMINAL APPEAL NO.892 OF 2021 Nandkumar Bapurao Nale & Ors.
..Appellants Vs.
The State of Maharashtra ..Respondent ---- Mr.Ashok P. Mundargi, Senior Advocate a/w Mr.Niranjan Mundargi i/b Raviraj Paramane for the Appellants.
Mr.S.R. Agarkar, APP, for the Respondent-State. ---- CORAM : C.V. BHADANG, J.
DATE : 29 OCTOBER 2021 NILAM SANTOSH KAMBLE NILAM SANTOSH KAMBLE Date: 2021.10.29 15:46:39 +0530 P.C.
.
This application is placed before this Bench as regular Bench taking up the matter is not available today. 2.
The applicants are the original Accused Nos.1,3,5,6,7,8,9 and 10. The Applicant's along with three others were prosecuted for the offence punishable under Section 143, 147, 325 read with 149, Section 365 read with Section 149, Section 367 N.S. Kamble page 1 of 3
read with Section 149 of the Indian Penal Code and section 363 and 307 read with Section 149 of IPC.
3.
The original accused Nos.2,4 and 11 have been acquitted of all the charges. The applicants have also been acquitted under section 363 and 307 read with Section 149 of IPC. They have been convicted under the rest of the sections. For the offence under Section 143 and 147 they have been sentenced respectively to undergo imprisonment for three months and six months and to pay fine. For the offence under Section 325 read with Section 149 they have been sentenced to suffer imprisonment for one year with fine and lastly for the offence under section 365 and 367 read with Section 149 of IPC they have been sentenced respectively to undergo imprisonment for 2 and 4 years with fine. The applicants were on bail during the course of the trial. There are no allegations about the misuse of the liberty granted.
4.
In such circumstances, the following order is passed.
ORDER
(i) The substantive sentence of imprisonment awarded to the applicants shall stand suspended during the pendency of the appeal, subject to the condition of the applicants furnishing P.R. Bond in the sum of Rs.25,000/- each with one or two solvent sureties each N.S. Kamble page 2 of 3
in the like amount and on payment of fine, if not already paid.
(ii) The applicants shall mark their attendance before the learned Sessions Judge once in three months. (iii) Bail bonds to be furnished before the learned Sessions Judge.
C.V. BHADANG, J.
N.S. Kamble page 3 of 3