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Bombay High CourtAPPLN/2532/2016disposed off

Popat S/O. Laxman Tule And Others v. The State Of Maharashtra

2016-05-04Hon'Ble Shri Justice A. I. S. Cheema2 pages

907Apln-2532-16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2532/2016 IN CRIMINAL APPEAL NO.303/2016

1. Popat s/o Laxman Tule Age 39 years, Occu: Agriculture R/o Navgan Rajuri, Taluka and District: Beed

2. Bhima s/o Laxman Tule Age 38 years, Occu: Agriculture R/o As above.

3. Santosh s/o Sarjerao Gavade Age 28 years, Occu: Agriculture R/o As above.

...

Applicants

VERSUS

The State of Maharashtra, Through P.S.O., Police Station Beed Rural, Dist. Beed.

...

Respondent Advocate for Appellants : Mr. Nitin Gaware h/for Mr. Gaikwad Hiraji T.

APP for Respondent State: Mr. S. M. Ganachari

CORAM

: A.I.S. CHEEMA, J.

DATE :

04th May, 2016 ORDER:

1. Heard learned counsel for the applicantsoriginal accused and learned A.P.P. for the respondentState. 2.

Conviction in this matter is under Sections 325 and 506 of the Indian Penal Code. The counsel states that the applicants-accused were on bail during 1/2

907Apln-2532-16.odt pendency of the trial and there are no allegation of misuse of the liberty.

3.

Looking to the conviction and sentence passed and submissions made, the application is allowed. 4.(A) During pendency of the appeal, substantive sentence of imprisonment only as passed against the applicants-original accused is suspended subject to the applicants furnishing Personal Release Bond and Security Bond of Rs.25,000/- (Rupees twenty five thousand) each before the trial Court.

(B) The trial court, while releasing the applicants on bail, shall add condition of the accused marking presence in the trial court every three months, till disposal of the Criminal Appeal. The trial court shall yearly send report in January of marking presence by accused in this regard to this Court till disposal of the appeal.

(C) The applicants shall appear before the trial Court on 16.06.2016 for compliance of these directions. 5.

Criminal application is disposed of.

(A.I.S. CHEEMA, J. ) JPC 2/2