Pandurang Deoram Waghmare v. The State Of Maharashtra
1 APPA 1524-16 @ APPA 932-18.doc-9
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1524 OF 2016 IN CRIMINAL APPEAL NO.705 OF 2017 Pandurang Deoram Waghmare.
] ... Applicant
Versus
The State of Maharashtra.
] ... Respondent ALONG WITH CRIMINAL APPLICATION NO.932 OF 2018 IN CRIMINAL APPEAL NO.292 OF 2017 Dinkar Manohar Gangode.
] ... Applicant
Versus
The State of Maharashtra.
] ... Respondent Mr. R. N. Gite for Applicant in Criminal Application No.1524 of 2016. Ms. Aisha M. Z. Ansari for Applicant in Criminal Application No.932 of 2018.
Mr. H. J. Dehia, APP for State.
CORAM :- B. R. GAVAI & SARANG V. KOTWAL, JJ.
DATE :- 09 JULY, 2018
2 APPA 1524-16 @ APPA 932-18.doc-9 P. C. :- 1.
These applications are filed for suspension of sentence and grant of bail during pendency of the present Appeal. 2.
The Applicants are accused nos.1 and 3. The accused no.1 has been convicted for the offence punishable under Section 376 (2) (g) of the IPC and sentenced to suffer life imprisonment. The accused no.3, along with the other two accused, is convicted for the offences punishable under Sections 114 read with 34, 323, 504 and 506 read with 34 of the IPC and was sentenced to suffer R.I. for 7 years. 3.
Insofar as the accused no.3 is concerned, he has already undergone the sentence for six years out of seven years. 4.
The accused no.1 has also undergone almost half of the sentence. There is no likelihood of the Appeal being taken up for hearing in the near future.
3 APPA 1524-16 @ APPA 932-18.doc-9 5.
In that view of the matter, we are inclined to allow the Applications. Hence, the following order :
ORDER
(i) The Applications are allowed.
(ii) The order of sentence and conviction insofar as the present Applicants are concerned, is suspended. (iii) The Applicants are directed to be released on bail in the sum of Rs.10,000/- each with one or two sureties in the like amount.
(iv) The Applicants shall report to Surgana Police Station on first Sunday of every month.
(v) The Applicants shall not enter in the village / town where the prosecutrix resides.
(SARANG V. KOTWAL, J.) (B. R. GAVAI, J.)