Abhimanyu Arjun Dandait v. The State Of Maharashtra

2024:BHC-AUG:16173-DB 1 924APPLN2564.2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 924 CRIMINAL APPLICATION NO. 2564 OF 2024 IN APEAL/564/2024 Abhimanyu Arjun Dandait

VERSUS

The State Of Maharashtra ...

Mr. Sudarshan J. Salunke - Advocate for Applicant Mrs. A. S. Deshmukh - APP for Respondent/State ...

CORAM : R. G. AVACHAT AND NEERAJ P. DHOTE, JJ.

DATED : 26TH JULY, 2024 PER COURT : - 1.

This Application is filed for suspension of substantive sentence imposed upon the Applicant by the learned Additional Sessions Judge, Jalna, vide Judgment and Order dated 08.05.2024 passed in Sessions Case No. 221/2021, sentencing the Applicant to suffer rigorous imprisonment for six (6) years and fine of Rs. 2,000/-, in default of payment of fine, suffer further rigorous imprisonment for six (6) months for the offence punishable under Section 201 of the Indian Penal Code. 2.

Heard learned advocate for the Applicant, learned APP for the respondent/State and learned advocate for respondent no.2/victim. 3.

There is no dispute that the Applicant has been sentenced to suffer rigorous imprisonment for six years for the offence punishable

2 924APPLN2564.2024.odt under Section 201 of the IPC. The Appeal has been admitted and the same would not come up for final hearing in the near future. The applicant has deposited the fine. The Applicant has been acquitted for the offence punishable under Sections 302, 120-B of the IPC. 4.

In view of the above, we pass the following order.

ORDER

[i] The Application is allowed.

[ii] The substantive sentence imposed upon the Applicant, namely, namely, Abhimanyu s/o Arjun Dandait by the learned Additional Sessions Judge, Jalna, vide Judgment and Order dated 08.05.2024 passed in Sessions Case No.221/2021, is suspended during the pendency of the present Appeal. [iii]The Applicant be released on bail on his furnishing P. R. Bond of Rs.15,000/- (Rupees Fifteen Thousand Only) with one surety in the like amount.

[iv]The Applicant shall not enter the jurisdiction of village Pahegaon, Dist. Jalna, for a period of one year from today. [v] The Applicant be released on bail on his executing PR bond at Jail.

[vi]The surety be furnished before Trial Court within a period of one week.

3 924APPLN2564.2024.odt [vi]The Registrar (Judicial) of this Bench to ensure release of the Applicant forthwith.

5.

Criminal Application stands disposed of accordingly. [NEERAJ P. DHOTE] [R. G. AVACHAT] JUDGE JUDGE SG Punde Signed by: Sandeep Gulabrao Punde Designation: PS To Honourable Judge Date: 31/07/2024 18:31:46