Shivaji Raosaheb Darade And Another v. The State Of Maharashtra

2024:BHC-AUG:10427 904-2-APPLN-2065-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2065 OF 2024 IN APPEAL/493/2024 Shivaji Raosaheb Darade And Another

VERSUS

The State Of Maharashtra ...

Mr. S. S. Thombre, Advocate for Applicants Mrs. C. C. Kutti, APP for Respondents ...

CORAM

: SHAILESH P. BRAHME, J (VACATION COURT) DATE : MAY 27, 2024 PER COURT :

1.

Applicants are seeking suspension of the sentence as contemplated by Section 389 of the Code of Criminal Procedure. They have challenged conviction and sentence dated 03.05.2024 passed by the learned Additional Sessions Judge, Kaij in Appeal. During the pendency of the Sessions Case No. 16/2023, they were enlarged on bail by the trial Court. On 03.05.2024 a separate order was passed by the learned Additional Sessions Judge extending the protection for 30 days or till the appropriate order is passed.

2.

The substantive sentence is of three years. Being short term sentence, I deem it appropriate to

904-2-APPLN-2065-2024.odt suspend the substantive sentence imposed vide judgment and order dated 03.05.2024 in Sessions Case No. 16/2023 on the condition that the applicants shall furnish P.R. Bond of Rs. 25,000/- (Rupees Twenty Five Thousand Only) with a surety each in the like amount.

3.

Criminal Application is disposed of.

(SHAILESH P. BRAHME, J) Malani