Babasaheb S/O Bansi Kawale And ANR v. The State Of Maharashtra

(1) Cr. Appln. 5927/2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 5927 OF 2015 IN CRIMINAL APPEAL NO. 816 OF 2015 1] Babasaheb S/o Bansi Kawale, Age : 27 years, Occu. : Agril., 2] Bansi S/o Waman Kawale, Age : 64 years, Occu. : Agril., Both R/o Bavi, Tq. Ashti, Dist. Beed .. Applicants (Orig. Accused No.1 & 2) Vs.

The State of Maharashtra Through Police Station Officer, Police Station, Ashti, Dist. Beed .. Respondent ---- Mr. V.M. Chate, Advocate for the applicant Mr. B.A. Shinde, A.P.P. for the respondent-State ---- CORAM : M.T. JOSHI, J.

DATE : 29/10/2015 ORAL ORDER :

Heard.

2.

Notice.

3.

Learned A.P.P. waives notice for the respondent-State.

4.

The applicants, who have been convicted by the

(2) Cr. Appln. 5927/2015 learned Additional Sessions Judge, Beed vide judgment and order dated 13/10/2015 passed in Sessions Case No.54 of 2012, for the offences punishable under section 498-A r/w. 34 and section 306 r/w. 34 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for 3 years and to pay fine of Rs.1000/-,in default to suffer rigorous imprisonment for 15 days for the offence punishable under section 498-A r/w. 34 of the Indian Penal Code and to suffer rigorous imprisonment for 3 years and to pay fine of Rs.1000/-,in default to suffer rigorous imprisonment for 15 days for the offence punishable under section 306 r/w. 34 of the Indian Penal Code, are praying for suspension of the substantive sentences during the pendency of the appeal and his release on bail.

5.

Learned counsel for the applicants submits that fine amount is already deposited.

6.

Considering the fact that short term sentences were awarded and the fine amount is deposited, the substantive sentences awarded to the applicants/appellant are hereby suspended. The applicants be released on bail, upon their execution of

(3) Cr. Appln. 5927/2015 P.R. bonds in the sum of Rs.20,000/- (Rs. Twenty Thousand) each and also upon furnishing surety each in the like amount.

7.

Hamdast granted.

8.

Application stands disposed of.

[M.T. JOSHI] JUDGE arp/