Vinod S/O Vishnu Nade And ANR v. The State Of Maharashtra

1 Cr. Appln. 1236/2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1236 OF 2016 IN CRIMINAL APPEAL NO. 98 OF 2016 1] Vinod S/o Vishnu Nade, Age 35 years, Occu.: Labour, R/o Nipani Jawalka, Tal. Georai, District Beed 2] Dilip S/o Vishnu Nade, Age 30 years, Occu.: Labour, R/o as above .. Applicants (Orig. Accused) Vs.

The State of Maharashtra Through Police Station Officer, Police Station Georai, Tal. Georai, District Beed .. Respondent (Orig. Complainant) ---- Mr. M.S. Karad, Advocate h/f Mr. S.S. Thombre, Advocate for the applicants Mr. R.V. Dasalkar, A.P.P. for the respondent-State ---- CORAM : M.T. JOSHI, J.

DATE : 26/02/2016 ORAL ORDER :

Notice.

2.

Learned A.P.P. waives notice for the respondent-State.

3.

Heard both sides.

2 Cr. Appln. 1236/2016 4.

The applicants, who have been convicted by the learned Additional Sessions Judge, Beed vide judgment and order dated 02/02/2016 passed in Sessions Case No.120 of 2014, for the offences punishable under section 324 r/w. 34 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for 3 years and to pay fine of Rs.5000/-, each, in default to suffer simple imprisonment for 1 month each for the aforesaid offences, are praying for suspension of the substantive sentences during the pendency of the appeal and their release on bail.

5.

Learned counsel for the applicants submits that fine amount is already deposited.

6.

Considering the fact that short term sentences are awarded to the present appellants/applicants and the fine amount is already deposited, the substantive sentences are hereby suspended.

The applicants/appellants be released on bail, upon their execution of P.R. bonds in the sum of Rs.20,000/- (Rs. Twenty Thousand) each and also upon furnishing surety each in the like amount in the trial Court.

3 Cr. Appln. 1236/2016 7.

Hamdast granted.

8.

Application stands disposed of accordingly.

[M.T. JOSHI] JUDGE arp/