Pundlik S/O Gunwant Mamankar And Others (In Jail) v. The State Of Maharashtra, Through P.S.O. P.S. Akot, Akola

IN THE COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (APPA) NO. 275/2016 IN CRIMINAL APPEAL NO. 462/2015 ( Pundlik s/o Gunwant Mamankar and 4 others vs. The State of Maharashtra vs. Pundlik Gunwant Mamankar and another ) & CRIMINAL APPLICATION (APPA) NO. 262 /2016 IN CRIMINAL APPEAL NO. 30/2016 (Sheshrao Pundlik Wasu vs. The State of Maharashtra and another ) & CRIMINAL APPLICATION (APPP) NO. 575/2016 IN APPA : 53/2016 IN CRI.APPEAL NO. 462/2015 ( Pundlik s/o Gunwant Mamankar and others vs. The State of Maharashtra vs. Shrikrishna s/o Ramrao Mamankar and others ) ..............................................................................................................................................

Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders .............................................................................................................................................. Mr. S.G.Joshi, Adv.for applicants in APPA 275/2016; APPP : 575/2016 & and Mr S.V. Sirpurkar, Advocates for applicant/s in APPA : 262/2016 T.A. Mirza, Addl.P.P. For respondent -State CORAM : B.R.GAVAI & Mrs. SWAPNA JOSHI, JJ.

DATED : 2nd May, 2016 The above-referred Applications are for suspension of sentence of grant of bail during the pendency of the Appeals.

The applicants are accused nos. 1,2 and 4.

By an order dated 16th April 2016, while considering the Application of original accused nos.

14,15 and 16, we have found that the applicants therein prima facie could not be convicted for the offence punishable under section 302 IPC and, at the most, their conviction could be for the offence punishable under section 307 IPC.

Perusal of the material placed on record would reveal that the material which is against the present applicants is the same as is against the accused nos.14,15 and 16. In that view of the matter on the ground of parity, both the Applications deserve to be allowed. The applicants namely (1) Pundlik s/o Gunwant Mamankar ; (2) Rajesh (Rajendra ) s/o Pralhad Mamankar in APPA : 275/2016 ; and applicant Sheshrao Pundlik Wasu in APPA No. 262/2016 are directed to be released on bail, on their furnishing surety in the sum of Rs. 15,000/- (fifteen thousand) each, with one or more sureties in the like amount.

Both the Applications are allowed accordingly.

CRI(APPP) NO. 575/2016 IN APPA:53/2016 IN CRI.APPEAL NO.462/2015 For the reasons stated in the Application, the Application for speaking to minutes is allowed. The order be corrected accordingly.

JUDGE JUDGE sahare