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Bombay High CourtAPPLN/825/2022disposed off

Balaji Sahebrao Mungal v. The State Of Maharashtra And Another

2022-03-09Hon'Ble Shri Justice R. G. Avachat2 pages

933(B)-Cri-Appln-825, 830-2022.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 825 OF 2022 IN CRIMINAL APPEAL NO. 172 OF 2022 Balaji Sahebrao Mungal ... Applicant

Versus

The State of Maharashtra and another ... Respondents ....

Mr. S. R. Kolhare, Advocate for applicant Ms D. S. Jape, APP for respondent No.1 ....

AND CRIMINAL APPLICATION NO. 830 OF 2022 IN CRIMINAL APPEAL NO. 179 OF 2022 1.

Anil Shankarrao Kalyane 2.

Rohit Ramrao Kalyane 3.

Omkar Ramrao Kalyane 4.

Balaji Anandrao Kalyane ... Applicants

Versus

The State of Maharashtra and another ... Respondents ....

Mr. V. B. Dhage, Advocate for applicants Ms D. S. Jape, APP for respondent No.1 ....

CORAM : R. G. AVACHAT, J.

DATED : 09th MARCH, 2022 PER COURT :- .

Heard.

2.

The applicants/appellants herein have been convicted for the offences punishable under Sections 3(1)(r) and 3(1)(s) of the

(( 2 )) 933(B)-Cri-Appln-825, 830-2022 Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, ("S.C. and S.T. Act", for short) read with Section 149 of the Indian Penal Code and Sections 143, 147, 323 and 324 read with Section 149 of the Indian Penal Code. The maximum punishment, which the applicants/appellants have been directed to undergo, is rigorous imprisonment for three years and to pay fine of Rs.5,000/-, in default, to suffer rigorous imprisonment for six months for the offences under Sections 3(1)(r) and 3(1)(s) of S.C. and S.T. Act. 3.

Considering the quantum of sentence imposed and the fact that the appeals are not likely to come up for hearing in the near future, during pendency of the appeals, the substantive sentence of imprisonment to stand suspended. The applicants/appellants be released on executing P. R. Bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand) each with one surety each in the like amount. 4.

The applications stand disposed of.

[ R. G. AVACHAT, J. ] SMS