Vasant S/O. Shankarrao Nade And Others v. The State Of Maharashtra And ANR.

CRIAP-1461.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1461 OF 2016 IN CRIMINAL REVN. APPLICATION NO. 65 OF 2016 Vasant s/o Shankarrao Nade and ors.

.. Applicants / .. orig. accused vs The State of Maharashtra and others .. Respondents/Resp.

..No.1 orig.complainant ----- Mr. Angad L. Kanade, Advocate for applicants Mr. V. G. Shelke, A. P. P. for respondents CORAM :

SUNIL P. DESHMUKH, J.

9TH MARCH, 2016 ORDER:

1.

Present applicants - original accused were tried and acquitted by Judicial Magistrate, First Class, Beed under judgment and order dated 28-07-2010 in Regular Criminal Case No. 73 of 2008 for the offences punishable under sections 143, 147, 148, 326, 324, 504 read with section 149 of Indian Penal Code arising out of Crime No. 155 of 2007 registered with Police Station, Beed. However, in appeal bearing criminal appeal no. 36 of 2011, Additional Sessions Judge had by judgment and order dated 09-02-2016 reversed the judgment of the trial court partially and had convicted the present applicants for the offences punishable under sections 143, 148, 326 read with section 149 of the Indian Penal Code and inflicted sentence and fine, maintaining acquittal for offences under

CRIAP-1461.16 sections 324 and 504 read with section 149 of the Indian Penal Code as has been referred to in said order.

2.

It is under these circumstances, learned counsel for the applicants make request for suspension of sentence against applicants and their release on bail.

3.

Learned counsel further points out that fine amounts have been deposited pursuant to the orders passed by the appellate court and further that sentence has been suspended by the Additional Sessions Judge.

4.

Having regard to aforesaid, it appears that there are sufficient grounds for suspension of sentence and release of applicants on bail during pendency of criminal revision application. 5.

Accordingly, criminal application stands allowed in terms of prayer clause (B) and disposed of. Applicants be released on bail in connection with sentence awarded by Additional Sessions Judge, Beed, for commission of offences punishable under section 143, 148, 326 read with section 149 of the Indian Penal Code on the same conditions of bail as were imposed while granting bail by the trial court, however, with fresh bonds.

SUNIL P. DESHMUKH, JUDGE pnd