Tukaram Gopal Bandgar And ORS v. The State Of Maharashtra

1 Cr. Appln. 3916/2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3916 OF 2015 IN CRIMINAL APPEAL NO. 540 OF 2015 1] Tukaram Gopal Bandgar, Age : 25 years, Occu.: Agri., 2] Namdeo Gopal Bandgar, Age : 31 years, Occu.: Agri., 3] Ram Gopal Bandgar, Age : 27 years, Occu.: Agri., 4] Raosaheb Govind Bandgar, Age : 46 years, Occu.: Agri., All R/o. Wadgaon (Dev), Tq. Tuljapur, Dist. Osmanabad .. Applicants Vs.

The State of Maharashtra .. Respondent ---- Mr. Satej S. Jadhav, Advocate for the applicants Mrs. B.B. Gunjal, A.P.P. for the respondent-State ---- CORAM : M.T. JOSHI, J.

DATE : 28/07/2015 ORAL ORDER :

Heard.

2.

Notice.

3.

Learned A.P.P. waives notice for the respondent-State.

2 Cr. Appln. 3916/2015 4.

The present applicants, who have been convicted by the learned Additional Sessions Judge-3, Osmanabad vide judgment and order dated 16/07/2015 passed in Spl. Case No. 11 of 2014, for the offences punishable under section 326 and 323 of the Indian Penal Code, respectively, and sentenced to suffer rigorous imprisonment for 5 years and to pay fine of Rs.1,000/- each, in default to suffer rigorous imprisonment for 2 months for the offence punishable under section 326 of the Indian Penal Code and to suffer rigorous imprisonment for 1 year and to pay fine of Rs.500/- each, in default to suffer rigorous imprisonment for 15 days for the offence punishable under section 323 of the Indian Penal Code, are praying for suspension of the substantive sentences during the pendency of the appeal and their release on bail.

5.

Learned counsel for the applicant submits that fine amount is already deposited by each of the applicants.

6.

Considering the short term sentences awarded by the learned Additional Sessions Judge-3, Osmanabad, vide

3 Cr. Appln. 3916/2015 the impugned judgment, the substantive sentences are hereby suspended.

7.

Each of the applicant be released on bail, upon their executing P.R. bond in the sum of Rs.30,000/- (Rs.Thirty Thousand) each and also upon furnishing surety each in the like amount.

8.

Hamdast granted.

9.

Criminal Application stands disposed of accordingly.

[M.T. JOSHI] JUDGE arp/