Bhimrao Tulshiramji Damale (In Jail) v. State Of Maharashtra Thr. Police Station Officer, P.S. Patharod, Tq. Anjangaon Surji Dist. Amravati

APPA176-17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR.

Criminal Application (APPA) No.176/2017 (Bhimrao Tulshiram Damale .vs. The State of Maharashtra through PSO PS Pathrot, Amravati) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders.

and Registrar's orders Mr. S.S. Patil, Advocate for Applicant.

Mrs. N.P. Mehta, APP for Respondent.

CORAM : B.R. Gavai & Kum. Indira Jain, JJ.

DATED : March 15, 2017.

For the reasons stated, Criminal Application (APPA) No. 176 of 2017 is allowed. Delay in filing the appeal is condoned.

Criminal Appeal No.______/2017.

Heard.

Admit.

Mrs. N.P. Mehta, learned APP waives service for the respondent.

Criminal Application No. ______/2017.

Heard.

The applicant/accused has approached this Court for suspension of sentence and for grant of bail during the pendency of the appeal.

The application for suspension of sentence of the co-accused has been consideration by this Court in Criminal Application No. 121 of 2017. The

APPA176-17.odt evidence against the present applicant and the applicant whose application has been allowed and whose sentence has been suspended, is identical. In that view of the mater we find that on the ground of parity, the present application also deserves to be allowed.

The application is, therefore, allowed. The order of sentence is suspended.

The applicant/accused is directed to be released on bail on furnishing bail bonds in the sum of Rs.15,000/- with one or more sureties in the like amount. JUDGE JUDGE halwai