Kamlakar S/O Limbaji Kedar And ANR v. The State Of Maharashtra

1 Cr. Appln. 6716/2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 6716 OF 2015 IN CRIMINAL APPEAL NO. 922 OF 2015 1] Kamlakar S/o Limbaji Kedar, Age 36 years, Occu.: Agril., 2] Pawan S/o Bali Kedar, Age : 23 years, Occu.: Agril., Both R/o : Patoda, Tq. And Dist. Osmanabad .. Applicants (Orig. Accused Nos. 3 and 6) Vs.

The State of Maharashtra Through Police Station, Bembli. Tq. and Dist. Osmanabad .. Respondent ---- Mr. S.P. Urgunde, Advocate for the applicants Mr. S.D. Ghayal, A.P.P. for the respondent-State ---- CORAM : M.T. JOSHI, J.

DATE : 15/12/2015 ORAL ORDER :

Heard.

2.

Notice.

2 Cr. Appln. 6716/2015 3.

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

4.

The applicants, who have been convicted by the learned Special Judge, Osmanabad vide judgment and order dated 03/12/2015 passed in Spl. (Atro) Case No. 31 of 2012, for the offence punishable under section 323 of the Indian Penal Code and sentenced to suffer simple imprisonment for 3 months and to pay fine of Rs.1,000/-,in default to suffer simple imprisonment for 15 days for the aforesaid offence, respectively, are praying for suspension of the substantive sentences during the pendency of the appeal and their release on bail.

5.

Considering the short term sentences awarded to the present applicants and the fact that those are suspended by the learned Special Judge, the substantive sentences awarded to the applicants are hereby suspended.

.

Upon deposit of the fine amount, if not deposited earlier, both the applicants be released on

3 Cr. Appln. 6716/2015 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.

6.

Hamdast granted.

7.

Application stands disposed of accordingly.

[M.T. JOSHI] JUDGE arp/