Kisan Balu Bajare And ORS v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1520 OF 2016 IN CRIMINAL APPEAL NO. 791 OF 2016 1.

Kisan Balu Bajare, 2.

Balu Raghu Bajare, 3.

Hirabai alias Savitribai Balu Bajare, 4.

Bhanudas Balu Bajare ...Applicants

Versus

The State of Maharashtra

...Respondent

Mr. Rahul Kate i/b Mr. Dhanesh R. Patekar for the Applicants Mr. P. H. Gaikwad Patil, A.P.P for the Respondent-State CORAM : REVATI MOHITE DERE, J.

FRIDAY, 16 th DECEMBER, 2016 P.C. :

1.

Heard learned Counsel for the applicants and learned A.P.P for the respondent-State.

2.

The applicants have been convicted and sentenced vide Judgment and Order dated 21st November, 2016, by the learned Ad-hoc District Judge-1 & Additional Sessions Judge, Khed-Rajgurunagar, Pune, for the offences punishable, as follows :

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i) for the offence punishable under Section 498A of the Indian Penal Code - to undergo RI for 2 years each and t pay a fine of Rs. 1,000/- each, in default, to undergo 2 months RI;

ii) for the offence punishable under Section 306 of the Indian Penal Code - to undergo RI for 2 years each and to pay a fine of Rs. 1,000/- each, in default, to undergo 2 months RI;

iii) for offence punishable under Section 323 of the Indian Penal Code - to undergo RI for 6 months each;

iv) All the sentenced were to run concurrently.

3.

Learned Counsel for the applicants states that the applicants were on bail, pending trial. He submits that the applicants have not abused or misused the liberty granted to them.

4.

Perused the papers. It is not in dispute that the applicants were on bail pending trial and that they have not abused or misused the liberty granted to them. The Appeal has been admitted by a separate order passed today. The sentence awarded is a short term sentence. The appeal is not likely to come up for the hearing in the immediate near future. 2/3

5.

Considering the aforesaid, the application is allowed and the applicants are enlarged on bail, pending the hearing and final disposal of his Appeal, on the following terms and conditions :

ORDER

(i) The applicants be enlarged on bail on furnishing P.R. Bond in the sum of Rs.10,000/- each, with one or two local sureties in the like amount;

(ii) The applicants shall inform their latest place of residence and mobile contact numbers immediately after being released and/or change of residence or mobile details, if any, from time to time to the trial Court and to the concerned Police Station, in writing.

6.

The Application is allowed on the aforesaid terms and is accordingly disposed of.

7.

All concerned to act on the authenticated copy of this order. REVATI MOHITE DERE, J.

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