Nivrutti S/O Macchindra Barse And ORS v. The State Of Maharashtra

1 Cr. Appln. 6300/2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 6300 OF 2015 IN CRIMINAL APPEAL NO. 864 OF 2015 1] Nivrutti S/o Macchindra Barse, Age : 51 years, Occu.: Agriculture, 2] Laxman S/o Baban Chelekar, Age : 37 years, Occu.: Agriculture, 3] Bhagwan S/o Baban Chelekar, Age : 27 years, Occu.: Shephard, All R/o : Jambharkheda, Tq. Vaijapur, District Aurangabad .. Applicants (Orig. Accused Nos. 1, 2 and 6) Vs.

The State of Maharashtra Through Shivoor Police Station, Tq. Vaijapur, District Aurangabad .. Respondent ---- Mr. V.D. Sapkal, Advocate h/f Mr. Y.B. Bolkar, Advocate for the applicants Mr. P.N. Kutti, A.P.P. for the respondent-State ---- CORAM : M.T. JOSHI, J.

DATE : 26/11/2015 ORAL ORDER :

Notice.

2.

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

2 Cr. Appln. 6300/2015 3.

The applicants, who have been convicted by the learned Additional Sessions Judge, Vaijapur vide judgment and order dated 19/11/2015 passed in Sessions Case No. 141 of 2012, for the offences punishable under section 452 and 324 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for 2 years each and to pay fine of Rs.1000/- each, in default to suffer imprisonment for 3 months each for the offence punishable under section 452 of the Indian Penal Code, and to suffer rigorous imprisonment for 2 years each and to pay fine of Rs.1000/- each, in default to suffer imprisonment for 3 months each for the offence punishable under section 324 of the Indian Penal Code, are praying for suspension of the substantive sentences during the pendency of the appeal and their release on bail.

4.

Heard both sides.

5.

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

3 Cr. Appln. 6300/2015 6.

Considering the short term sentences awarded to the present applicants/appellants, the substantive sentences awarded to them are hereby suspended. The applicants be released on bail, upon their execution of 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/