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Bombay High CourtIA/2832/2021allowed

Suresh Dinkar Mule And ORS. v. The State Of Maharashtra And ANR.

2022-02-09Hon'Ble Shri Justice Prakash D. Naik2 pages

37. Ia-2832-2021-in- Apeal-959-2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2832 OF 2021 IN CR. APPEAL NO. 959 OF 2021 Suresh Dinkar Mule And Ors.

... Applicant/ Appellant

Versus

The State Of Maharashtra And Anr.

...Respondents

....

Mr. Sameer Mangaonkar i/by Mr. Abhaykumar Apte, Advocate for the Applicant/Appellant.

Mr. Arfan Sait, APP for the Respondent - State.

CORAM

:

PRAKASH D. NAIK, J.

DATE :

9th FEBRUARY, 2022.

PER COURT :

1.

This is an application for suspension of sentence and grant of bail during the pendency of Criminal Appeal No. 959 of 2021. The applicant is convicted for offence under Section 504 r/w Section 34 of Indian Penal Code (for short "IPC") and sentenced to pay fine of Rs.1,000/-. He is also convicted for offence under Section 3(1)(V) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989. ( for short "the said Act") and sentenced to undergo simple imprisonment for six months. The applicants are also convicted for offence under Section 3 (1)(x) of the said Act. by SAJAKALI LIYAKAT JAMADAR Date:

2022.02.11 11:03:35 +0530 Sajakali Jamadar SAJAKALI LIYAKAT JAMADAR

37. Ia-2832-2021-in- Apeal-959-2021.doc 2.

The sentence is of short term. The respondent No.2 has been served. By order dated 22nd December, 2021, the applicants were directed to be released on interim bail till the next date of hearing on furnishing P.R. bonds in the sum of Rs. 10,000/- each with on or two sureties each in the like amount. The interim relief required to be confirmed. 3.

Hence, I pass the following order:

ORDER

i.

Interim Application No. 2832 of 2021 is allowed; ii.

Interim relief granted by this Court by order dated 22nd December, 2021 is confirmed. It shall continue till final disposal of appeal.

iii.

The applicant shall attend the trial Court once in six months on first Saturday of the month till the final disposal of the appeal;

iv.

In the event, there are two consecutive defaults in attending the trial Court, the said fact may be brought to the notice of this Court and in such eventuality, the prosecution will be at liberty to prefer an application for cancellation of bail.

v.

Interim Application stands disposed of accordingly.

(PRAKASH D. NAIK, J.) Sajakali Jamadar