Prakash Sandu Tupe v. The State Of Maharashtra

1 914-Cri.Appln.-2455-2022...

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 914 CRIMINAL APPLICATION NO.2455 OF 2022 PRAKASH SANDU TUPE

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Appellants : Mr Gajanan B. Kingre APP for Respondent /State : Mr S.P. Deshmukh CORAM : SHRIKANT D. KULKARNI , J.

DATE : 4th AUGUST, 2022 PER COURT :

1.

It is an application for suspension of sentence and bail moved by the applicant.

2.

Heard Mr G.B. Kingre learned counsel for the applicant and Mr S.P. Deshmukh, learned APP for the State.

3.

Perused the impugned judgment and order of conviction passed by the learned Additional Sessions Judge, Jalna in Special Case (Child) No. 148/2020 dated 15th July, 2022.

4.

It is revealed during the course of argument that the applicant/accused was on bail during the trial. Soon after the conviction, he has been released on bail at the hands of the learned Additional Sessions Judge, Jalna. There are no extraordinary circumstances to keep him behind the bars during the pendency of appeal. It is submitted that the applicant/accused has deposited the fine amount with the trial court. It would be just and proper to release him on bail by suspending the sentence.

2 914-Cri.Appln.-2455-2022...

ORDER

(i) The Criminal Application is hereby allowed.

(ii) The execution of substantive sentence passed against the applicant in Special Case (Child) No.148/2020 dated 15th July, 2022 passed by the Additional Sessions Judge, Jalna is hereby suspended till final decision of the appeal.

(iii) The applicant/accused shall be released on bail on his furnishing PR Bond of Rs. 20,000/- (Rupees Twenty Thousand) with one or two sureties of the like amount on following conditions :- (a) The appellant/accused shall furnish his in-detail address with Cell Numbers with the trial court. (iv) Bail before the trial court.

(v) The Criminal Application is accordingly disposed of. [ SHRIKANT D. KULKARNI, J. ] mta