Santosh S/O. Sadashiv Pawar And ANR v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1785/2017 IN CRIMINAL APPEAL NO. 133 OF 2017 1] SANTOSH S/O. SADASHIV PAWAR 2] BALU S/O PRABHAKAR PAWAR

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Appellants : Mr.Rupesh Jaiswal h/f Ghanekar Nilesh S. APP for Respondents: Mrs.Vaishali Patil-Jadhav ...

CORAM : V.L.ACHLIYA,J.

DATE : 12/04/2017 PER COURT :- The applicants have filed this application seeking suspension of sentence and release on bail during pendency of appeal for the reasons set out in detail in the application. 2] In nutshell, it is contention of learned counsel for the applicants that the maximum sentence imposed is of one year. During trial, applicants were on bail. The trial Court has suspended the sentence to enable the applicants to file appeal. He submits that there is good case to succeed in appeal. In case the sentence is not suspended, the very purpose of filing appeal will be frustrated.

-23] The learned APP has opposed the application with contention that applicants are proved to have assaulted the public servant i.e. the police officer in police station. She submits that looking to the nature of offence and act committed by the accused, application may not be granted.

4] Having regard to the over all facts of the case, nature of offence proved against the applicants and sentence awarded, I am of the view that the applicants deserve to be enlarged on bail during pendency of appeal. The maximum sentence awarded is of one year. During pendency of appeal, applicants were on bail. Looking to the huge pendency of the appeals, it may not be possible to immediately take up the appeal for final hearing. I am therefore, inclined to allow the application. Hence following order :

ORDER

(1) Pending disposal of the appeal, the execution of substantive sentence stands suspended subject to deposit of fine amount by the applicants.

(2) Pending disposal of the appeal, the applicants be enlarged on bail on their furnishing bail in the sum of Rs. 50000/- (Rupees Fifty Thousand) each with one surety in the like amount, on following conditions.

-3- (i) Pending disposal of the appeal, the applicants shall attend Police Station Peth, Tq. and Dist. Beed, on last day of each month in between 10:00 to 11:00 AM.

(ii) The applicants shall not indulge into any offence of similar nature during the pendency of the Appeal. (iii) The applicants shall furnish the names of their three close relatives with their addresses and phone numbers.

(3) Bail be furnished in the trial Court within a period of three weeks from the date of this order, else the order passed stands vacated.

(4) In the event of breach of any of the conditions as above the bail granted to the applicants will be liable to be cancelled.

(5) The Officer In-charge of the Police Station Peth, Tq. and Dist. Beed is directed to submit the report of compliance of conditions of bail after every six months.

(V.L.ACHLIYA,J.) umg/