Madhav Dadasaheb Ithape And Others v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2619 OF 2016 IN CRIMINAL APPEAL NO.318 OF 2016

1) Mahadev Dadasaheb Ithape, Age-58 years,

2) Sunil Dadasaheb Ithape,, Age-50 years,

3) Gorakh Dnyandeo Ithape, Age-50 years,

4) Amol Balasaheb Ithape, Age-26 years,

5) Pappu @ Prakash Bhagwan Ithape, Age-29 years,

6) Kisan @ Nitin Mahadu Ithape, Age-26 years, Appellant Nos.1 to 6 - R/o-Erandoli, Tq-Shrigonda, Dist-Ahmednagar.

7) Suryabhan Haribhau Ithape, Age-51 years, R/o-Ukkadgaon, Tq-Shrigonda, Dist-Ahmednagar.

...APPELICANTS (Orig. Accused)

VERSUS

The State of Maharashtra ...RESPONDENT

...

Mr. V.D. Hon, Senior Counsel i/b. Mr. A.V. Hon Advocate for Applicants.

Mr. K.D. Mundhe, A.P.P. for Respondent.

...

CORAM: A.I.S. CHEEMA, J.

DATE : 15TH JUNE, 2016 ORDER :

1.

Heard learned senior Counsel for the Applicants and learned A.P.P. for State.

2.

Perused the Application and impugned Judgment. After conviction, the trial Court suspended the sentence till filing of the Appeal. Looking to the impugned Judgment and the sentence passed, I find that the sentence of imprisonment needs to be suspended till decision of the Appeal, which has been Admitted.

3.

The Application is allowed. The sentence imposed on the Applicants - original accused is

suspended till decision of the Appeal. The Applicants - original accused be admitted to bail, subject to each of the Applicants furnishing P.R.B. and S.B. in the sum of Rs.15,000/- (Rupees Fifteen Thousand) before the trial Court. The Applicants should appear before the trial Court on 27th June 2016 for necessary compliance. While admitting the Applicants - accused to bail, the trial Court shall add condition that Applicants shall mark their presence in the trial Court every three months till disposal of the present Appeal. The trial Court shall send yearly report in January, about compliance regarding appearance of the accused.

[A.I.S.CHEEMA, J.] asb/JUN16