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Bombay High CourtAPPLN/1667/2023application allowed

Mansaram Chhotiram Ghunawat v. The State Of Maharashtra

2023-04-28Hon'Ble Shri Justice R. G. Avachat2 pages

947criappln1667.23

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 947 CRIMINAL APPLICATION NO.1667 OF 2023 IN APEAL/379/2023 MANSARAM CHHOTIRAM GHUNAWAT

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. S.J.Salunke h/f Mr.Shinde Sachin Sopanrao and Mr.Kale Datta Sundarrao APP for Respondent State : Mr.A.A.Jagatkar ...

CORAM : R. G. AVACHAT, J.

DATE : 28.04.2023.

PER COURT :

1.

Heard.

2.

Issue notice to the respondent State. The learned APP waives service of notice for the respondent State. 3.

The learned APP has strong objection to grant the application. However, it is the case of short term sentence of 5 years. As the applicant is behind the bars for little over five months. It will take time for the appeal to come up for the hearing by its turn. In view of the same, following order :

ORDER

(a) The application is allowed.

947criappln1667.23 (b) Pending the appeal, the execution of substantive sentences of imprisonment imposed upon the applicant by the learned Additional Sessions Judge, Aurangabad in Sessions Case No. 361 of 2022, by the judgment and order dated 12.04.2023, to stand suspended and the applicant be released on bail on executing P.R. bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand) with one surety each in the like amount.

(c) Stand over to 09.06.2023.

( R. G. AVACHAT ) JUDGE mahajansb/