Arun Sakharam Surase And Another v. The State Of Maharashtra

1 903 appln 3231-23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 903 CRIMINAL APPLICATION NO.3231 OF 2023 IN APEAL/794/2023 WITH APEAL/794/2023 ARUN SAKHARAM SURASE AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicants : Mr. P. P. More APP for Respondent-State: Mr. P. M. Kulkarni ....

CORAM :

SANDIPKUMAR C. MORE, J.

DATED : 31/08/2023.

P. C. :

1.

Issue notice to respondents. Learned APP waives service for respondent -State.

2.

Heard rival submissions.

3.

The applicant original accused are seeking suspension of their substantive sentence of imprisonment of two years each under Section 33-I (1)(b) of Drugs and Cosmetics Act, 1940. They are also sentence to suffer RI for three months under Section 274 & 275 r.w. 34 of IPC. Fine amount is also imposed which they have already deposited indicated by copies of receipts to that effect on record. Moreover, the learned trial court vide order dated 18/08/2023 has already released them on bail. As such, following order is passed.

2 903 appln 3231-23

ORDER

(i) The application is hereby allowed and substantive sentence of imprisonment of RI for 2 years and RI for three months imposed upon the applicants by the learned trial court in Special Case Nos. 178 of 2020 and 265 of 2022 under judgment dated 18/08/2023 is hereby suspended during the pendency of this appeal. (ii) Both the applicants be released on bail on execution of their P.R. & S.B. for Rs. 15,000/- each.

(ii) Bail in lower Court.

(iii) Application is accordingly disposed.

( SANDIPKUMAR C. MORE, J. ) VS Maind/-