Sudhir S/O Tulsiram Johare v. The State Of Maharashtra

902 appln.2009.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

APPELLATE SIDE JURISDICTION CRIMINAL APPLICATION NO. 2009 OF 2016 IN APEAL/223/2016 SUDHIR S/O TULSIRAM JOHARE

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Appellant : Mr. Balbhim R. Kedar. APP for Respondent : Mr. S. N. Morampalle.

...

CORAM :

INDIRA K. JAIN, J.

DATE :

13th April, 2016.

P.C.:

.

Issue notice to Respondent.

Learned APP waives service of notice for sole Respondent.

This is an application for suspension of substantive sentence of imprisonment awarded by the learned Additional Sessions Judge, Bhusawal on 19th March, 2016 in Sessions Case No.64 of 2014 convicting the Applicant of the offences punishable under Sections 324, 435 and 504 of the Indian Penal Code.

Heard the learned counsel for parties. Perused impugned judgment and order.

902 appln.2009.16.odt Without going into merits of the case and in view of short term sentence imposed by Trial Court this Court is inclined to suspend the substantive sentence of imprisonment till disposal of appeal. Hence the following order -

O R D E R

I.

Criminal Application No.2009 of 2016 is allowed. II.

Substantive sentence of imprisonment awarded by the Trial Court is suspended till decision of appeal. III.

Applicant is released on bail on P.R. and S.B. of Rs.15,000/- (Rupees Fifteen Thousand Only) each.

IV.

Bail before the Trial Court.

[ INDIRA K. JAIN, J. ] ndm