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Bombay High CourtAPPLN/435/2022disposed off

Dhanraj @ Balu Bansi Munde And Another v. The State Of Maharashtra

2022-02-25Hon'Ble Shri Justice R. G. Avachat2 pages

912-APLLN-435-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 435 OF 2022 IN CRIMINAL APPEAL NO. 96 OF 2022 Dhanraj @ Balu Bansi Munde and Another ..APPLICANTS

VERSUS

State of Maharashtra ..RESPONDENT ....

Mr. A.D. Khot, Advocate h/f Mr. S.M. Kamble, Advocate for applicants Mr. S.P. Sonpawale, A.P.P. for respondent - State ....

CORAM : R.G. AVACHAT, J.

DATED : 25th FEBRUARY, 2022 PER COURT :

1.

Heard.

2.

The applicant has been convicted for the offence punishable under Section 324 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for six months and to pay fine of Rs.5,000/-, in default to suffer simple imprisonment for one month. The applicant has further been convicted for the offence punishable under Section 324 read with Section 107 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for two months and to pay fine of Rs.2,000/-, in default to suffer simple imprisonment for fifteen days.

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912-APLLN-435-22.odt 3.

The appellate Court has already suspended the substantive sentence of imprisonment until the period of appeal is to over. The appeal has however been preferred before expiry of the appeal period. Considering the quantum of sentence and the fact that the appeal is not likely to be heard in near future, 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 surety in the like amount.

4.

Criminal application stands disposed of.

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