Mr. Ganesh S/O Sudhakar Talmale v. State Of Maharashtra Thr. P.S.O. P.S., Desaiganj, Tha. Desaiganj, Dist. Gadchiroli

10 appeal 46-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPEAL NO.

OF 202 Mr. Ganesh S/o Sudhakar Talmale ...Versus...

State of Maharashtra, Through the P.S.O., P.S. Desaiganj, Tah. Desaiganj, Distt. Gadchiroli - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -------- - - - - - - - - - - - - - - - - - - - - - - - - ----------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -------- - - - - - - - - - - - - - - - - -------------------- Shri R.R. Vyas, Advocate for appellant Ms T.H. Udeshi, A.P.P. for respondent/State CORAM : SURENDRA P. TAVADE, J.

DATE : 28/01/2022 Hearing was conducted through Video Conferencing and the learned Counsel agreed that the audio and visual quality was proper.

2.

Heard.

3.

Admit.

4.

Call for record and proceeding in Sessions Case No. 51/2016 from the trial Court.

5.

Issue notice to respondent.

6.

Learned A.P.P. waives service of notice on behalf of respondent/State.

CRIMINAL APPLICATION (APPA)NO. 72/202 This is an application for suspension of sentence and grant of bail. The applicant was held guilty for the offence punishable under Section 324 of the Indian Penal Code and sentenced to suffer R.I. for two years and to pay a fine of Rs. 3000/-, in default he is directed to suffer S.I. for 15 days. He

10 appeal 46-2022.odt is also held guilty for the offence punishable under Section 452 of the Indian Penal Code and sentenced to suffer R.I. for two years and to pay a fine of Rs.5000/-, in default he is directed to undergo S.I. for 15 days. It is contended that during the trial the applicant was on bail. Similarly, after conviction the applicant has been released on bail for a period of one month. The said period expired on 22/01/2022. 2.

Heard the learned Counsel for the applicant and learned A.P.P. on behalf of State. The applicant is held guilty for offences punishable under Sections 324 and 452 of the Indian Penal Code. He was on bail during the pendancy of trial. There are no allegations of the abuse of liberty granted to him during the pendancy of trial. This appeal may take some time. The appeal may not come for trial within the period. Therefore, the applicant is entitled for bail. Hence, I pass the following order.

(i) Application is allowed.

(ii) The sentence imposed upon the applicant is hereby suspended.

(iii) The applicant- Ganesh Sudhakar Talmale, in Crime No. 14/2016, registered with Desaiganj Police Station, he is ordered to be released on his executing P.R. Bond of Rs. 15,000/- with one surety in the like amount with a condition to attend the hearing of this appeal regularly.

(SURENDRA P. TAVADE, J.) Signed By:JAYASHREE SHARAD SHINGNE Jayashree..