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Bombay High CourtAPPLN/3255/2022application allowed

Nandkishor Deelip Sarole v. The State Of Maharashtra

2022-10-06Hon'Ble Shri Justice Shrikant D. Kulkarni3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLN 3255 OF 2022 IN CRIMINAL APPEAL NO.706 OF 2022 NANDKISHOR DEELIP SAROLE

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Appellants : Mr. Godbharle Vinod D. APP for Respondent : Mr. S P Deshmukh ...

CORAM : SHRIKANT D. KULKARNI, J.

Dated: October 06, 2022 ...

PER COURT :- 1.

It is an application for suspension of sentence and bail fled by the applicant/appellant.

2.

Heard Mr. Godbharle, learned counsel for the appellant/applicant and Mr. Deshmukh, learned APP for the Respondent/State.

3.

Perused the impugned judgment and order of conviction rendered by the learned Additional Sessions Judge-2, Latur in S.C. No.26 of 2021 whereby the appellant came to be convicted for the offences punishable u/s 353, 332, 504, 506 of the IPC and maximum sentence awarded against the appellant is of

three months S.I. in addition to fne amount. It is revealed during the course of argument that the appellant was on bail during trial. It is submitted by learned counsel for the appellant that entire fne amount has been deposited by the appellant before the trial court. His statement is accepted. There are no extra ordinary circumstances to keep the appellant behind bars. There are no chances to take up this appeal for hearing in near future.

4.

Considering the facts and circumstance of the case, following order is passed.

O R D E R

i.

The application is hereby allowed.

ii.

The execution of substantive sentence passed against the applicant/appellant in Sessions Case No.26 of 2021 by the Additional Sessions Judge-2, Latur dated 25.8.2022 is hereby suspended till fnal decision of the appeal.

iii.

The applicant/appellant shall be released on bail on his furnishing PR 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 with the trial court.

b] Bail before the trial court.

c] Inform to concerned Court accordingly.

iv.

Criminal application is accordingly disposed off.

(SHRIKANT D. KULKARNI, J.) ...