Giridhar S/O Nakul Yadav And ORS v. The State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO. 527 OF 2018 WITH CRIMINAL APPLICATION NO. 494 OF 2018 WITH CRIMINAL APPLICATION NO. 493 OF 2018 IN CRIMINAL REVISION APPLICATION NO. 527 OF 2018 Giridhar s/o Nakul Yadav & Ors.
...Applicants V/s.
The State of Maharashtra ... Respondent ----- Mr.Rajendra Godbole a/w. Mr.Sangram Kolhatkar, Mr.Rajeev Marathe, Mr.Hafiz Kazi I/b. Mr.Pradeep Thorat for the Applicants. Mr.Suraj S. Hulke, APP for the Respondent/State. ----- CORAM : MRS. MRIDULA BHATKAR, J.
DATE : 16 OCTOBER 2018 P.C.:
REVISION APPLICATION NO. 527 OF 2018 WITH CRIMINAL APPLICATION NO. 494 OF 2018.
1.
Issue notice to the respondent, returnable on 27th November, 2018. CRIMINAL APPLICATION NO. 493 OF 2018 2.
The applicants were acquitted of the offences punishable under Sections 392 and 394 read with 34 of the Indian Penal Code by the judgment and 1/3
order dated 18th February, 2017 passed by the learned Judicial Magistrate First Class, Cantonment Court, Pune in R.C.C.No. 18 of 2016. However, the said judgment and order was challenged by the State of Maharashtra in Criminal Appeal No. 556 of 2017. The learned Additional Sessions Judge, Pune partly allowed the Appeal by judgment and order dated 4th September, 2018 and convicted the applicants under Section 392 read with 34 of the India Penal Code and sentenced to suffer RI for three years and fine of Rs. 5000/- each. Hence, this bail application.
3.
The learned counsel for the applicants submits that the Sessions Court has suspended the order of conviction till the revision period is over. The said period will get over on 4th November, 2018. He prays that the applicants be granted bail and sentenced be suspended.
4.
The learned APP submits to the orders of the Court. 5.
The punishment is for a period of three years and the applicants were on bail throughout the trial and during the period of appeal. In view of the above, the application for suspension and bail is allowed on the following terms and conditions:
i) Criminal Application is allowed in terms of prayer clause (a); 2/3
ii) The applicants are released on bail upon furnishing P.R. Bond in the sum of Rs. 20,000/- each with one or two sureties in the like amount;
iii) The applicants shall not jump the bail;
iv) The applicants shall remain available for hearing of the Revision Application.
6.
The application is disposed of on the above terms. 7.
Parties to act upon an authenticated copy of this order. (MRIDULA BHATKAR, J.) 3/3