Mohan Vithoba Shinde And Others v. The State Of Maharashtra

2024:BHC-AUG:10431 903-2-APPLN-2073-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2073 OF 2024 IN APPEAL/498/2024 Mohan Vithoba Shinde And Others

VERSUS

The State Of Maharashtra ...

Ms. P. S. Ingle h/f Mr. S. J. Salunke, Advocate for Applicants Mrs. C. C. Kutti, APP for Respondents/State ...

CORAM

: SHAILESH P. BRAHME, J (VACATION COURT) DATE : MAY 29, 2024 PER COURT :

1.

Applicants are seeking suspension of substantive sentence awarded by the learned Additional Sessions Judge, Majalgaon in Sessions Case No. 16/2017. They have preferred appeal challenging conviction and sentence dated 03.05.2024.

2.

Applicants were on bail during the course of trial. After conviction, on 03.05.2024 application Exh. 138 was submitted under Section 389(3) of the Code of Criminal Procedure. It was allowed by order dated 03.05.2024 and sentence was suspended for a period of one months. Fine amount of Rs. 77,000/- has also been deposited by them.

903-2-APPLN-2073-2024.odt 2.

As applicants are awarded short term sentence, I have no hesitation to grant suspension as prayed for.

ORDER

a) Criminal Application is allowed in terms of prayer clause 'B' on condition that applicants shall furnish P.R. bond of Rs.

10,000/- (Rupees Ten Thousand Only) each with one solvent surety in the like amount.

(SHAILESH P. BRAHME, J) Malani