Bhimrao Pandit Panire And ANR v. The State Of Maharashtra

appa.1279-2016.doc Dond

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1279 OF 2016 IN CRIMINAL APPEAL NO. 686 OF 2016 Bhimrao Pandit Panire ..Applicant Vs The State of Maharashtra ..Respondent ----- Mr. Ganesh Bhujbal for applicant.

Mr. A.R. Kapadnis, APP for State.

------ CORAM : A.S.GADKARI, J.

DATE : 5th APRIL 2018.

P.C.:

1] This is an application for suspension of sentence and for releasing the applicant on bail.

2] By the Judgment and Order dated 4th October 2016 passed by the District Judge-1 And Additional Sessions Judge, Islampur in Sessions Case No.6 of 2014, the applicant has been convicted under Section 498A, 304B, 306 and 506 read with 34 of the Indian Penal Code and sentenced to suffer maximum rigorous imprisonment of eight years and to pay fine of Rs.5000, in default of payment of fine to further undergo simple imprisonment for six months.

3] Heard the learned Counsel for the applicant and the learned APP. Perused the record, 1/2

appa.1279-2016.doc 4] The applicant was the husband of Smt. Ujwala Panire who committed suicide on 7.10.2013 and therefore her father Sarjerao Shinde lodged the present crime. The applicant is in jail for last more than two and half years. As the maximum sentenced imposed upon the applicant is eight years of rigorous imprisonment and the possibility of appeal being heard on merits in near future is remote, I am inclined to release applicant on bail. Hence the following Order:

(i) During the pendency of the appeal, the substantive sentence imposed upon the applicant is suspended.

(ii) During the pendency of the appeal, the applicant be released on bail on his furnishing PR bond in the sum of Rs.25,000/- with one or two solvent local sureties in the like amount.

(iii) After his release from jail and during the pendency of appeal the applicant shall attend the Trial Court on every 1st Monday of the month between 11.00 a.m to 2.00 p.m and mark his presence. If 1st Monday of the month is a holiday, the applicant shall mark his presence in the Trial Court on the immediate next day.

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