Sunil S/O. Ramesh Jadhav v. The State Of Maharashtra And Another

929-APPLN-309-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 309 OF 2022 IN CRIMINAL APPEAL NO. 466 OF 2018 Sunil Ramesh Jadhav ..APPLICANT

VERSUS

State of Maharashtra and Another ..RESPONDENTS ....

Mr. S.J. Salunke, Advocate for applicant Mr. S.P. Sonpawale, A.P.P. for respondent no.1 - State Mrs. S.A. Sambre, Advocate appointed for respondent no.2 ....

CORAM : R.G. AVACHAT, J.

DATED : 08th MARCH, 2022 PER COURT :

1.

Heard.

2.

This is a successive application for suspension of substantive sentence of imprisonment. Present application has been moved two years after the earlier one came to be rejected. The applicant has been convicted for the offences punishable under Sections 376(2)(i) and 506 of the India Penal Code and sentenced to suffer rigorous imprisonment for ten years and one year respectively and to pay fine of Rs.1,000/- each, in default to suffer simple imprisonment for one month.

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929-APPLN-309-22.odt 3.

The applicant has been behind the bars for little over six years as against sentence of ten years rigorous imprisonment. On the date of his conviction, he was just twenty one years of age. Considering these facts and since old appeals are in que of hearing, the execution of substantive sentence of imprisonment to stand suspended pending the appeal. The applicant be released on his executing P.R. bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand) with one surety in the like amount. Fees of Mrs. S.A. Sambre, learned counsel appointed for Respondent No.2 is quantified at Rs.6,000/- for this application.

( R.G. AVACHAT, J. ) SSD 2 / 2