Laxman Ramtej Lohar And ANR v. The State Of Maharashtra

24.APPR.473.17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.473 OF 2017 IN CRIMINAL REVISION APPLICATION NO.284 OF 2017 Shri. Laxman Ramtej Lohar & Anr.

.... Applicants V/s.

The State of Maharashtra ... Respondent ----- Mr. Vikas Shivarkar for the Applicants.

Mr. A.A. Takalkar, APP for the Respondent - State. ---- CORAM : A.S.GADKARI, J.

DATE : 13th DECEMBER 2017 P.C.:

.

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

2.

The applicants are original Accused No.8 and 6 in Sessions Case No.441 of 2004. The applicants have been convicted under Section 395 of I.P.C. and sentenced to suffer RI for three years by the Judgment and Order dated 05.05.2005 passed by the learned 11th Ad-hoc Astt. Sessions Judge, Pune in Sessions Case No.441 of 2004. The Criminal Appeal No.184 of 2015 preferred by the applicants has been dismissed by the learned Additional Sessions Judge, Pune by its Judgment and Order dated 16.03.2017.

Aarti Palkar 1/2

24.APPR.473.17.doc 3.

The learned Counsel for the applicants submitted that after dismissal of the Appeal, the applicants are immediately taken into custody on 16.03.2017 itself and since then they are in jail. He further submitted that, till today the applicant No.1 has undergone a sentence of 15 months and applicant no.2 has undergone a sentence of 11 months of actual representation. As the maximum sentence imposed upon the applicants is of 3 years, I am inclined to release the applicants on bail. 4.

Hence, the following Order:

(i) The applicants be released on bail in CR No.82 of 2004 registered with Shirur Police Station, Pune on their furnishing PR Bond in the sum of Rs.25,000/- each with one or two solvent local sureties in the like amount. 5.

Application is allowed in the aforesaid terms. (A.S.GADKARI, J.) Aarti Palkar 2/2