Savita Sakharam Bhokare And Others v. The State Of Maharashtra

1-cr.appln.1088.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1088 OF 2022 IN CRIMINAL APPEAL NO.234 OF 2022 1.

Savita Sakharam Bhokare, 2.

Balu @ Pradeep s/o. Sakharam Bhokare, 3.

Dnyaneshwar @ Dnyandeo s/o.

Sakharam Bhokare ..Applicants Vs.

The State of Maharashtra ..Respondent ---- Mr.R.J.Nirmal, Advocate for applicants Mrs.D.S.Jape, APP for respondent ---- CORAM : R.G. AVACHAT, J.

DATE : MARCH 31, 2022 ORDER :- The application of applicant no.1 - Savita has already been allowed by this Court vide order dated 24.03.2022. 2.

The application of applicant nos.2 and 3 was adjourned to this date for consideration.

3.

Heard learned counsel for the parties.

4.

Applicant no.2 - Balu @ Pradeep (original accused no.3) has been convicted for the offence punishable under Section 394 of Indian Penal Code and sentenced to suffer rigorous imprisonment for

1-cr.appln.1088.2022 seven years and to pay fine of Rs.5,000/-, in default, to suffer rigorous imprisonment for five months; while applicant no.3 - Dnyaneshwar @ Dnyandeo (original accused no.4) has been convicted for the offence punishable under Section 394 read with Section 397 of Indian Penal Code and sentenced to undergo rigorous imprisonment for ten years and and to pay fine of Rs.10,000/-, in default, to suffer rigorous imprisonment for ten months. 5.

It will take time for the appeal to come up for hearing. Considering the quantum of sentence imposed and the fact that the appeal is not likely to come up for hearing in the near future, during pendency of the appeal, the substantive sentence of imprisonment of applicant nos.2 and 3 to stand suspended. Applicant no.2 - Balu @ Pradeep and applicant no.3 - Dnyaneshwar @ Dnyandeo 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. 6.

The application stands disposed of.

[R.G. AVACHAT, J.] KBP