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Bombay High CourtAPPLN/3973/2016application allowed

Pritam S/O Manohar Phulari Adn Others v. The State Of Maharashtra

2016-07-27Hon'Ble Shri Justice Nitin W. Sambre2 pages

criap3973.16 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3973 OF 2016 IN CRIMINAL REVISION APPLICATION NO. 173 OF 2016 1.

Pritam s/o Manohar Phulari 2.

Sau. Padma w/o Manohar Phulari 3.

Manohar s/o Vitthal Phulari ..APPLICANTS

VERSUS

The State of Maharashtra ..RESPONDENT Mr Manish P. Tripathi, Advocate for applicants ; Mr S. D. Ghayal, Addl. Public Prosecutor for respondent CORAM : N.W. SAMBRE, J.

DATE : 27th July, 2016 ORAL ORDER :

Heard.

2.

By the present application, the applicants seek suspension of substantive sentence and their release on bail. 3.

The applicants were convicted by the learned Assistant Sessions Judge, Ambajogai, Dist. Beed, in Sessions Case No. 10 of 2007, by an order dated 8th December, 2008, for which appeal before the learned Additional Sessions Judge, Ambajogai, Dist. Beed, came to be confirmed by an order dated 13th July, 2016, in Criminal Appeal No. 35 of 2008.

criap3973.16 (2) 4.

It is brought to my notice that the applicants have paid the fine amount imposed upon them.

5.

In my opinion, since the applicants-accused were on bail during the trial, so also during the pendency of appeal, they are entitled to be released on bail. Hence, I pass following order : (a) Applicants be admitted on bail on the same terms, as were imposed by the learned Court below while granting bail. (b) The substantive sentence imposed on the applicants shall stand suspended 6.

Criminal Application stands allowed in above terms. (N.W. SAMBRE, J.) sjk