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Bombay High CourtAPPLN/1600/2023disposed off

Durgesh S/O. Shivaji Navghare v. The State Of Maharashtra

2023-04-24Hon'Ble Shri Justice R. G. Avachat2 pages

6-Cri. Appln. No.1600 of 2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1600 OF 2023 IN CRIMINAL APPEAL NO.651 OF 2020 Durgesh s/o. Shivaji Navghare ..Applicant Vs.

The State of Maharashtra and anr.

..Respondents ---- Ms.Poonam V. Bodke-Patil, Advocate for applicant Mr.K.N.Lokhande, APP for respondent ---- CORAM : R.G. AVACHAT, J.

DATE : APRIL 24, 2023 ORDER :- Heard.

2.

Learned APP has strong objections to allow the application. 3.

Admittedly, the similarly placed co-convicts have been granted suspension of substantive sentence of their imprisonment. This applicant has undergone imprisonment of 4 years and 2 months as against the rigorous imprisonment of 10 years. It is informed that the applicant has no criminal antecedents.

4.

In view of the above, during pendency of the appeal, execution of the substantive sentence of imprisonment to stand

6-Cri. Appln. No.1600 of 2023 suspended. The applicant/appellant be released on executing P.R. Bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand) with one surety in the like amount, on condition that he shall mark his presence at Karmad Police Station, Dist. Aurangabad, on first Thursday of every month, for next two years.

5.

The application stands disposed of.

[R.G. AVACHAT, J.] KBP