Santosh Anandrao Jadhav And Others v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4336 OF 2016 IN CRIMINAL APPEAL NO.446 OF 2016

1) Santosh Anandrao Jadhav, Age­36 years, Occu:Agri.,

2) Sanjay Anandrao Jadhav, Age­29 years, Occu:Agri.,

3) Madhav Sudhakar Jadhav, Age­26 years, Occu:Agri.,

4) Ajit Balwantrao Jahav, Age­29 years, Occu:Agri., All R/o­Krushnoor, Tq­Naigaon, Dist­Nanded.

...APPLICANTS (Orig. Accused)

VERSUS

The State of Maharashtra ...RESPONDENT ...

Mr. Vikram S. Kadam, Advocate for Applicants. Mr. K.D. Mundhe A.P.P. for Respondent.

...

CORAM: A.I.S. CHEEMA, J.

DATE : 11TH AUGUST, 2016 ORAL ORDER :

1.

Heard. Perused Application. Perused impugned Judgment and the short term sentence which has been passed.

2.

The Appeal has already been admitted. It will take some time to be decided. Counsel states that the Applicants were on bail during the course of the trial and even after conviction, the trial Court has suspended the sentence till the period of Appeal.

3.

For reasons stated in the Application, it would be appropriate, at present, to suspend the sentence of imprisonment. Counsel states that fine is already deposited. Hence I pass following order:

O R D E R

(I) The Criminal Application is allowed.

(II) Sentence of imprisonment alone as imposed against the Applicant Nos. 1 to 4 ­ Appellants ­ original accused is suspended pending decision of the Appeal, subject to the Applicants ­ accused appearing before the trial Court on or before 1st September 2016 and furnishing P.R.B. and S.B. in the sum of Rs.15,000/­ (Rupees Fifteen Thousand) each with one surety in the like amount each.

(III) While admitting the Applicants to bail trial Court shall add condition that Applicant Nos.1 to 4 shall mark their presence in the trial Court every three months till disposal of the

present Appeal. The trial Court shall send yearly report in January, about compliance regarding appearance of the accused.

(IV) Trial Court shall also send report regarding furnishing P.R.B. and S.B. by the Applicants.

[A.I.S. CHEEMA, J.] asb/AUG16