Rama Abaji Jadhav And ANR v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 5568 OF 2016 IN CRIMINAL APPEAL NO. 572 OF 2016 Rama Abaji Jadhav and another.

..APPLICANTS

VERSUS

The State of Maharashtra ..RESPONDENT ...

Mr.Joydeep Chatterji, Advocate for applicants. Mr. M.M. Nerlikar, APP for the Respondent/State. ...

CORAM : S.S. SHINDE & SANGITRAO S. PATIL, JJ. Dated: October 5, 2016 ...

PER COURT :- Both the applicants have been convicted for the offences punishable under sections 323 read with section 34 of the Indian Penal Code and have been sentenced to suffer simple imprisonment for one year and to pay fine of Rs. 500/- each, in default, to suffer simple imprisonment for three months.

2.

The applicants were on bail during the trial. The sentence passed against them, has been suspended by the trial Court, after their conviction on 17th August, 2016. Both of them have deposited the amount of fine in the trial Court.

3.

Considering the nature of the offence for which the applicants have been convicted and sentenced, and considering the fact that during pendency of the trial, they were on bail, we are inclined to suspend the sentence passed against them. Hence, the following order :-

ORDER

(i) The sentence passed against the applicants for offences punishable under sections 323 read with 34 of the Indian Penal Code is suspended, until final decision of the appeal, on their executing Personal Bond in the sum of Rs. 10,000/- each with

surety in the like amount.

(ii) The application is disposed of accordingly.

(SANGITRAO S. PATIL, J.) (S.S. SHINDE, J.) SGA