Sharad @ Baliram Ramchandra Navale v. The State Of Maharashtra And Another

914APPLN272.2023

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 914 CRIMINAL APPLICATION NO.272 OF 2023 IN APEAL/45/2023 WITH APEAL/45/2023 SHARAD @ BALIRAM RAMCHANDRA NAVALE

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicants : Mr. Vilas P. Savant APP for Respondents: Mr. V. S. Badakh Advocate for Respondent No. 2 (appointed) : Rahul M. Gaikwad ...

CORAM : R. M. JOSHI, J.

DATE : 19th AUGUST, 2023 PER COURT :

1.

Heard learned advocates for both the sides.

2.

The applicant is handed over with short term sentence of one year rigorous imprisonment for the offence punishable under Section 354 of the Indian Penal Code with fine of Rs. 25,000/-. 3.

Learned advocate for the applicant submits that the fine amount is already deposited with the trial Court. It is his contention that if the applicant is required to undergo the substantive sentence of imprisonment, the appeal itself would become infructuous. 1/2

914APPLN272.2023 4.

This Court finds considerable force in the statement made by the learned counsel for the applicant as there is no likelihood of taking up the appeal in the near future. In view of this, the application is allowed. The applicant shall be released on bail on his furnishing P.R. bond of Rs. 15,000/- with two solvent sureties in the like amount. Bail before the trial Court. The substantive sentence imposed against the applicant vide judgment and order dated 13.12.2022 in Spl. (Atrocity) Case No. 73/2016, stands suspended till the decision of the appeal.

5.

Fees of the learned counsel appointed to represent respondent no. 2 is quantified at Rs. 6,000/- (Rupees Six Thousand), which shall be paid by the High Court Legal Aid Services, SubCommittee, Aurangabad. [ R. M. JOSHI ] JUDGE SG Punde 2/2