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Bombay High CourtAPPLN/5980/2015application allowed

Popat Ganpat Shinde And ANR v. The State Of Maharashtra

2015-11-03Hon'Ble Shri Justice A.M. Badar2 pages

(1) Cri. Appln. No. 5980 of 2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

AURANGABAD BENCH, AT AURANGABAD.

Criminal Application No. 5980 of 2015 (In Criminal Appeal No. 833 of 2015)

1. Popat Ganpat Shinde, .. Applicants

2. Latabai Popat Shinde.

(Original accused nos.1 and 2) versus The State of Maharashtra .. Respondent.

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Mr. Joydeep Chatterji, Advocate, for the applicants. Mr. S.S. Dande, Additional Public Prosecutor, for the respondent - State.

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CORAM : A.M. BADAR, J.

DATE : 3RD NOVEMBER 2015 [Diwali Vacation] PER COURT :

1.

Heard the learned Counsel for the applicants and the learned APP for the respondent - State.

2.

Applicants are convicted of the offences punishable under Sections 306, 323, 504 and 506 read with Section 34 of the Indian Penal Code and sentenced to undergo imprisonment and fine as per judgment and order passed by the learned Additional Sessions Judge, Ahmednagar,

(2) Cri. Appln. No. 5980 of 2015 in Sessions Case No. 276 of 2012, dated 28-10-2015. Criminal Appeal No. 833 of 2015 preferred by them against the said order of conviction and sentence is admitted today by passing separate order therein. 3.

By the present application, the applicants have prayed to suspend the substantive sentences and release them on bail during the pendency of the appeal preferred by them.

4.

Both the applicants / accused were on bail during pendency of the trial. As such, the substantive sentence imposed on them is suspended and they are directed to be released on bail, pending hearing and final disposal of Criminal Appeal No. 833 of 2015, on executing P.R. Bond of Rs. 15,000/- [Rupees fifteen thousand] by each of them and on furnishing surety of the like amount by each of them, before the trial Court. 5.

Criminal Application is allowed in the above terms and disposed of accordingly.

( A.M. BADAR ) JUDGE ................................

puranik / CRIAPPPLN5980.15