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Bombay High CourtAPPLN/4553/2023application allowed

Asaram S/O Dhondiram Amteh And Another v. The State Of Maharashtra

2023-12-20Hon'Ble Shri Justice Sandipkumar C. More4 pages

2023:BHC-AUG:26855

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4553 OF 2023 IN CRIMINAL APPEAL NO. 1182 OF 2023 Asaram s/o Dhondiram Amte & another Applicants

Versus

The State of Maharashtra Respondent Mr. C. V. Bodkhe, advocate holding for Mr. R. V. Gore, advocate for Applicants Mr. S. B. Narwade, APP for the Respondent CORAM : SANDIPKUMAR C. MORE, J.

DATE : 20th DECEMBER, 2023.

P.C. :

Heard.

Issue notice to the respondent.

Learned APP waives service for sole respondentState. Heard rival submissions.

The applicants are seeking suspension of their substantive sentence of imprisonment awarded under Section 332 read with Section 34 of the Indian Penal Code. It appears that the maximum punishment of imprisonment appears to be of one year.

Though the learned APP opposed the application, but the learned trial Court, vide order dated 30.11.2023, has already released the applicants on bail after conviction. As such, considering the short term of imprisonment, following order is passed:

(i) The Criminal Application is hereby allowed.

(ii) The substantive sentence of imprisonment imposed upon the applicants-accused vide judgment and order dated 30.11.2023 by the learned Sessions Judge, Beed in Sessions Case No. 154 of 2021, is hereby suspended during the pendency of this appeal.

(iii) Both the applicants-accused are hereby released on execution of their P. B. and S. B. of Rs.15,000/- (Rs. Fifteen thousand) each. Bail before the trial Court. (iv) Criminal Application stands disposed of.

SANDIPKUMAR C. MORE JUDGE adb

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPEAL NO. 1182 OF 2023 Asaram s/o Dhondiram Amte & another Appellants

Versus

The State of Maharashtra Respondent Mr. C. V. Bodkhe, advocate holding for Mr. R. V. Gore, advocate for Appellants Mr. S. B. Narwade, APP for the Respondent CORAM : SANDIPKUMAR C. MORE, J.

DATE : 20th DECEMBER, 2023.

P.C. :

Heard.

Admit.

Learned A. P. P. waives service for RespondentState. Call R. & P.

SANDIPKUMAR C. MORE JUDGE adb