Subhash S/O Changdeo Wani And ANR v. The State Of Maharashtra And ANR

( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1263 OF 2017 IN CRIMINAL APPEAL NO.104 OF 2017 Subhash Changdeo Wani and another ..

Applicant

Versus

The State of Maharashtra ..

Respondents and another Mr.N.K. Kakade, Advocate for the applicant Mr.K.S. Hoke Patil, APP for the respondent/State CORAM : V.L.ACHLIYA, J.

DATED :

08.03.2017 P.C. :- .

The applicants have moved this application seeking suspension of sentence and release on bail during the pendency of the appeal on the ground set out in detailed in the application and the memo of appeal. 2.

Heard learned counsel for the applicants and learned APP for the respondent/State.

3.

Considering the submissions advanced the nature of offence and sentence awarded which is of term of six months, I am inclined to allow this application. Hence

( 2 ) the following order.

ORDER

I) Application is allowed.

II) Pending disposal of appeal the execution of substantive sentence awarded to the applicants stands suspended subject to deposit of fine.

III] Pending disposal of appeal the applicants namely Subhash Changdeo Wani and Ramesh Dnyandeo Wani be released on bail on their furnishing bail in the sum of Rs.15,000/- each with one surety in like amount on the following conditions.

a) The applicants shall mark their attendance before the Police Station Shirdi, Tq. Rahata, Dist. Ahmednagar on last day of each month in between 10.00 am to 11.00 am. till final disposal of the appeal.

b) The applicants shall furnish the names and addresses of their 3 close

( 3 ) relatives with phone numbers.

c) The applicants shall not cause threat to complainant and other prosecution witnesses.

d) In the event of change in address the applicants shall intimate concerned Police Station as well as this Court.

e) During pending of the appeal the applicants shall not involve in any criminal case.

IV) In the event of breach of any of the conditions, the bail granted to the applicants liable to be canceled.

V) Bail to be furnished before the trial Court. In case the bail is not furnished before the trial Court within two weeks from the date of this order, the order of suspension of sentence stands re-called and canceled.

VI) The trial Court is directed to report the compliance of furnishing of bail within three weeks to this Court.

( 4 ) VII) The Office In-Charge of the Police Station Shirdi, Tq. Rahata, Dist. Ahmednagar is directed to submit the report of compliance of conditions of bail after every six months till final disposal of the appeal.

[V.L.ACHLIYA,J.] / VishalK criapln1263.17