Shailesh S/O Murli Jangale And Others v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3022 OF 2016 IN CRIMINAL APPEAL NO.356 OF 2016

1) Shailesh s/o Murli Jangale, Age-24 years, Occu:Education-Agri.,

2) Samadhan s/o Sheshrao Jangale, Age-26 years, Occu:Garage,

3) Prashant s/o Uttamrao Jangale, Age-26 years, Occu:Driver,

4) Shrikant s/o Uttamrao Jangale, Age-29 years, Occu:Labourer,

5) Amar s/o Atmaram Mane, Age-28 years, Occu:Pan Shop, All R/o-Manvat Road, Tq-Manvat, Dist-Parbhani.

...APPLICANTS (Orig. Accused)

VERSUS

The State of Maharashtra ...RESPONDENT ...

Mr. S.K. Shinde, Advocate for Applicants.

Mr. R.V. Dhasalkar, A.P.P. for Respondent.

...

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

DATE : 15TH JUNE, 2016 ORDER :

1.

Heard learned counsel for the Applicants and learned A.P.P. for State.

2.

Learned counsel for the Applicants submits that the Applicants have arguable case and that the sentence is short term sentence. The Applicants are permanent residents of Manvat and they are agriculturists and do other labour work also. It is stated that they were on bail during course of the trial and even after conviction the trial Court has released them on bail till filing of the Appeal.

3.

The learned A.P.P. states that offence is serious offence under Section 307 of I.P.C. and the accused should not be released on bail.

4.

Going through the impugned Judgment and the sentence passed as well as considering the Application for bail, I find that the sentence of imprisonment needs to be suspended till decision of the Appeal, which has been Admitted. It is stated that the fine amount has already been deposited.

5.

The Application is allowed. The sentence imposed on the Applicants - original Accused Nos.1, 2, 5, 6 and 8 is suspended till decision of the Appeal. The Applicants - original Accused Nos.1, 2, 5, 6 and 8 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