Narayan Namdev Waikar v. The State Of Maharashtra

914.1.Appln.2883.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2883 OF 2019 IN APPEAL NO.845 OF 2019 NARAYAN NAMDEV WAIKAR

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for applicant : Mr. Narvade Patil Ravindra B. APP for Respondents/State: Mrs. R.P. Gaur ...

CORAM

: MANGESH S. PATIL, J.

DATE : 30.07.2021 PER COURT :

This is an application under Section 389 of the Code of Criminal Procedure seeking suspension of substantive sentence pending appeal. 2.

Admittedly, out of three accused only the appellant/applicant has been convicted and sentenced to a maximum 7 years of rigorous imprisonment for the offence punishable under Section 397 of the Code of Criminal Procedure. Admittedly which was going on for three years. There is no special and exceptional circumstances as to why the short term sentence need not suspended pending appeal.

3.

The Application is allowed. The substantive sentence shall stand suspended pending appeal. The appellant/applicant shall be released on same bail with fresh bond duly executed before the trial court. (MANGESH S. PATIL, J.) habeeb 1/1