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Bombay High CourtAPPLN/2204/2022application allowed

Thakaji Anshiram Kolekar v. The State Of Maharashtra

2022-07-20Hon'Ble Shri Justice R. G. Avachat2 pages

Cri. Appln. No.2204/2022 :: 1 ::

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2204 OF 2022 IN CRIMINAL APPEAL NO.499 OF 2022 Thakaji Anshiram Kolekar ... APPLICANT

VERSUS

The State of Maharashtra ... RESPONDENT .......

Mr. S.J. Salunke, Advocate for applicant Mr. S.P. Sonpawale, A.P.P. for respondent - State .......

CORAM :

R. G. AVACHAT, J.

DATE :

20th JULY, 2022.

PER COURT :

Heard learned counsel for the parties.

2.

The applicant has been convicted for the offence punishable under Sections 353, 186, 504, 506 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for six months and to pay fine of Rs.500/-, in default to suffer rigorous imprisonment for 1 month for the offence punishable under Section 353 of the Indian Penal Code and for the offence punishable under Section 504 and 506 of the Indian Penal Code, to suffer rigorous imprisonment for two months and to pay fine of Rs.500/-, in default to suffer rigorous

Cri. Appln. No.2204/2022 :: 2 ::

imprisonment for 7 days on both counts. The trial Court has suspended the substantive sentences till the appeal period is over. The Criminal Appeal filed by the applicant is admitted by this Court.

3.

Considering the quantum of sentences and the fact that the appeal is not likely to be heard in near future, I am inclined to allow the application. Hence the order :-

O R D E R

(i) The Criminal Application is allowed.

(ii) Pending the appeal, the substantive sentences imposed upon the applicant by the learned Sessions Judge, Beed in Sessions Case No.92/2020, by judgment and order dated 16/6/2022 are suspended and the applicant shall be released on bail on his executing P.R. bond in the sum of Rs.15,000/- (Rupees fifteen thousand) with one surety in the like amount. ( R. G. AVACHAT ) JUDGE fmp/-