Jayking Shesherao Rawle And Others v. The State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 907 CRIMINAL APPLICATION NO.2460 OF 2022 IN CRIMINAL APPEAL NO.557 OF 2022 JAYKING SHESHRAO RAWLE AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA ...
Advocate for Applicants : Mr. M M Parghane APP for Respondent : Mr. P G Borade ...
CORAM : SHRIKANT D. KULKARNI, J.
Dated : July 28, 2022 ...
PER COURT :- 1.
It is an application for suspension of the sentence and bail moved by the applicants.
2.
Heard Mr. Parghane, learned counsel for the applicants and Mr. Borade, learned APP for the respondent State. 3.
Mr. Mr. Parghane, learned counsel for the applicants submits that, the applicants/appellants were on bail during the trial. It is revealed during the course of the arguments that the applicants have not deposited the fne amount with the trial court. Mr. Parghane, learned counsel for the applicants undertakes to deposit the fne amount within Three days from today. They need to be enlarged on bail.
4.
On the other hand, learned APP for the State opposed to allow this application for suspension of sentence and bail. He submits that, the applicants alleged to have committed the offences in respect of public property and riot and, therefore, they are not entitled to get bail. 5.
Having regard to the submissions of both sides and looking to the fact that the applicants/accused were on bail during the trial and learned counsel for the applicants assured this Court that the entire fne amount would be deposited within a period of three days from today, it would be just and proper to allow this application. Hence, the following order.
O R D E R
i.
The application is hereby allowed.
ii.
The impugned order of substantive sentence passed against the applicants in Sessions Case No.243 of 2019 by the Additional Sessions Judge-1, Nanded is hereby suspended till fnal disposal of the appeal.
iii.
The appellants be released on bail on their furnishing P.R. Bond in the sum of Rs.15,000/- (Rs. Fifteen Thousand), each with one solvent surety of the like amount by each of them.
It is hereby made clear that, the order of sentence stands suspended only after depositing the fne amount.
iv.
Bail before the trial court.
v.
Application is accordingly disposed off.
(SHRIKANT D. KULKARNI, J.) ...