Ananda Lahanu Pansare v. The State Of Maharashtra

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 956 CRIMINAL APPLICATION NO. 1724/2022 IN CRI.APPEAL NO. 387/2022 ANANDA LAHANU PANSARE AND CRIMINAL APPLICATION NO. 1728/2022 IN CRI.APPEAL NO. 391/2022 ASHOK LAHANU PANSARE AND CRIMINAL APPLICATION NO. 1732/2022 IN CRI.APPEAL NO. 395/2022 PRAVIN CHHABU BHAVSAR AND CRIMINAL APPLICATION NO. 1730/2022 IN CRI.APPEAL NO. 393/2022 SHANTARAM MUKTAJI RAUT AND CRIMINAL APPLICATION NO. 1729/2022 IN CRI.APPEAL NO. 392/2022 MACHINDRA KARBHARI DHAMALE AND CRIMINAL APPLICATION NO. 1731/2022 IN CRI.APPEAL

(2) NO. 394/2022 BHIKAJI GOPINATH RAUT AND CRIMINAL APPLICATION NO. 1733/2022 IN CRI.APPEAL NO. 396/2022 BABASAHEB NANA RAUT AND CRIMINAL APPLICATION NO. 1726/2022 IN CRI.APPEAL NO. 389/2022 ALKA ASHOK KASHID AND CRIMINAL APPLICATION NO. 1727/2022 IN CRI.APPEAL NO. 390/2022 VIKRAM BAJIRAO GUNJAL AND CRIMINAL APPLICATION NO. 1725/2022 IN CRI.APPEAL NO. 388/2022 BALASAHEB DHARMAJI DHAMALE Mr. Vinod Y. Bhide, Advocate for the applicants Mr. Y. G. Gujrathi, APP for the respondents/State AND

(3) CRIMINAL APPLICATION NO. 1734/2022 AND CRI. APPEAL NO. 397/2022 KIRAN RAMDAS JADHAV AND OTHERS Mr. S. V. Dixit, Advocate i/b Mr. S. S. Dixit, Advocate for the appellants Mr. Y. G. Gujrathi, APP for the respondents/State. CORAM : S. G. DIGE, J.

VACATION COURT DATE : 24th May, 2022 P. C.

1.

The learned counsel for the applicant submits that the applicants are convicted under Section 3 of the MPID Act and they have been acquitted under various sections of IPC. Only two years sentence is awarded against the accused. Said sentence is suspended by the learned trial court. Hence the appeals be admitted and sentence of the applicants be suspended.

2.

The learned APP submits that sentence awarded is short term sentence. Hence, appropriate order be passed.

(4) 3.

As the applicants were on bail during the trial two years sentence is awarded against the applicants/accused. Hence, in my view, sentence can be suspended till the final disposal of these appeals. Hence, I pass the following order.

ORDER

i] The criminal applications stand allowed.

ii] The conviction awarded to the applicants/accused in Special Case No.

08/2018 passed by the learned Special Judge @ Additional Sessions Judge, Sangamner, Dist. Ahmednagar on 06-05-2022 is hereby suspended till the hearing and conclusion of the criminal appeals.

iii] The applicants/accused shall be released on executing PB. And S. B. of Rs.

20,000/- [Rupees Twenty Thousand Only] each before the trial court.

(5) iv] Parties to act upon authenticated copy of this order.

[S. G. DIGE, J.] VishalK/criapln1724.22