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Bombay High CourtAPPLN/2975/2022application allowed

Neeraj Chhaganlal Somani v. The State Of Maharashtra And Another

2022-09-14Hon'Ble Shri Justice Shrikant D. Kulkarni2 pages

(1) 917-appln-2975-2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2975 OF 2022 IN CRIMINAL APPEAL NO.649 OF 2022 NEERAJ CHHAGANLAL SOMANI ..APPLICANT

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER..RESPONDENTS ...

Mr. Swapnil S. Rathi, Advocate for the Applicant. Mr. R. D. Sanap, APP for Respondents-State.

...

CORAM : SHRIKANT D. KULKARNI, J.

DATED : 14th SEPTEMBER, 2022.

PER COURT:- 1.

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

2.

Heard Mr. Swapnil Rathi, learned counsel for the applicant and Mr. Sanap, learned APP for the State.

3.

It is revealed during the course of argument that the applicant was on bail during trial. Even after conviction he was released on bail by the Trial Court. He has deposited the fine amount with the trial court. There are no extra ordinary circumstances to keep the applicant behind bars during the appeal period. There are no chances to take up this appeal for final hearing in

(2) 917-appln-2975-2022 near future. It would be just and proper to suspend the sentence and release the applicant on bail.

ORDER

i.

The application is hereby allowed.

ii.

Substantive sentence passed against the applicant in Special Case (Atrocity) No.95/2020 by the Additional Sessions Judge, Jalna dated 23.08.2022 is hereby suspended till final decision of the appeal.

iii. The applicant shall be released on bail on his furnishing P.R. Bond in the sum of Rs.20,000/- (Rs.Twenty Thousand) with one or two solvent sureties of the like amount on the following conditions :- a] He shall furnish his in detail address with Cell number before the trial court.

b] Bail before the trial court.

c] Inform the concerned court accordingly.

iv.

Criminal application is accordingly disposed off.

(SHRIKANT D. KULKARNI) JUDGE Devendra/September-2022