Tukaram Mansing Jadhav v. The State Of Maharashtra And Another

1 9 appln 3952-23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 9 CRIMINAL APPLICATION NO.3952 OF 2023 IN APEAL/870/2023 TUKARAM MANSING JADHAV

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Ms. Ashwini A. Lomte h/f Mr. S. J. Salunke APP for Respondent-State: Mr. R. B. Bagul Advocate for Respondent No.2 : Mr. Kedar A. Pathade h/f Mr. R. V. Patil ....

CORAM :

SANDIPKUMAR C. MORE, J.

DATED : 30/10/2023.

P. C. :

1.

Heard rival submissions.

2.

The applicant, i.e. original accused No.5, is seeking suspension of his substantive sentence of imprisonment imposed upon him in Sessions Case No.103 of 2014 under judgment and order dated 11/09/2023.

3.

Though the learned APP as well as learned counsel for original informant strongly opposed the application, but this court vide order dated 27/10/2023 has already suspended substantive sentences of other accused in the aforesaid case during the

2 9 appln 3952-23 pendency of appeals fled by them. In view of the same, following order is passed.

ORDER

(i) The application is hereby allowed and substantive sentence of imprisonment imposed upon the present applicant / accused No.5 in Sessions Case No.103 of 2014 vide judgment and order dated 11/09/2023 is hereby suspended during the pendency of this appeal. (ii) The applicant be released on bail on execution of his P.R. bond of Rs.25,000/- with one or more solvent sureties in the like amount.

(iii) Bail in lower Court.

(iv) Application is accordingly disposed of.

( SANDIPKUMAR C. MORE, J. ) VS Maind/-