Vijaykumar Ananda Bhalerao And Other v. The State Of Maharashtra

(1) 915 Appln-3256.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 915 CRIMINAL APPLICATION NO.3256 OF 2023 IN APEAL/801/2023 VIJAYKUMAR ANANDA BHALERAO AND OTHER

VERSUS

THE STATE OF MAHARASHTRA ...

Mr. A.R. Borulkar, Advocate for the applicants. Mrs. D.S. Jape, A.P.P. for the respondent - State. ...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

13th October 2023.

ORDER:- 1.

Heard rival submissions.

2.

The applicants, who are the original accused Nos.3, 4, 5 and 7, are seeking suspension of their substantive sentences of imprisonment for the offence punishable under Section 307 and other Sections of the Indian Penal Code in Special Atrocity Case No. 9/2018 vide judgment and order dated 17.08.2023. The maximum sentence of imprisonment appears to be of five years.

3.

The learned Counsel for the applicant/accused submitted that all the applicants were on bail during the trial and after conviction they have already deposited the fine amounts. He also produced copies of receipts thereof. 4.

On the contrary, the learned A.P.P. strongly opposed the application on the ground that the conviction is recorded by the learned Trial Court after considering the entire evidence on record. Moreover, there was evidence of eye witnesses.

(2) 915 Appln-3256.2023.odt 5.

However, it appears that the present applicants / accused were on bail throughout the trial. Moreover, they have also paid the fine amounts. Though the applicants are convicted after the trial, but the quantum of imprisonment appears to be of five years maximum. Therefore, I am of the opinion that they can be released on bail during the pendency of this appeal by giving them certain direction. In view of the same, following order is passed

ORDER

(i) The application is hereby allowed and substantive sentences of imprisonment imposed upon the applicants for the offence punishable under Section 307 and other sections of the Indian Penal Code in Special Atrocity Case No. 9/2018 under judgment and order dated 17.08.2023 is hereby suspended during the pendency of this appeal.

(ii) The applicants be released on bail on execution of their P.R. bond of Rs.

25,000/- each with one or more solvent sureties in the like amount.

(iii) The applicants are directed not to give threats to the informant during the pendency of this appeal.

(iv) Bail in lower Court.

(v) Application is accordingly disposed of.

(SANDIPKUMAR C. MORE, J.) vd_dhirde