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Bombay High CourtAPPA/535/2023allowed

Lokchand @ Rudra Sukalu Sahu v. The State Of Maharashtra Thr. P.S.O. P.S. Kalamna Nagpur

2023-08-03Hon'Ble Justice Urmila Joshi Phalke2 pages

8appa535.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPA) NO. 535/2023 I N CRIMINAL APPEAL NO. 480/2018 Lokchand @ Rudra Sukalu Sahu V/s State of Maharashtra Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. R.D.Thakur, counsel for applicant/appellant. Mr. S.M.Ghodeswar, APP for the non-applicant. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 03/08/ 3.

1.

Heard.

2.

The applicant/appellant has challenged the judgment and order of sentence passed by the learned Additional Sessions Judge-7, Nagpur. Initially, this Court suspended the sentence and released the applicant/appellant on bail on executing P.R. Bond of Rs.20,000/-. However, the conditional order was passed that if the accused fails to furnish the bail bond and two solvent sureties till 24/11/2018, this order shall cease to operate from 25/11/2018, as the applicant/appellant has not complied with the said order, the order was seized to operate. Hence, this application.

3.

The applicant/appellant was on bail during the trial and the sentence imposed by the rkn

8appa535.2023.odt learned Additional Sessions Judge is suspended. There is no allegation that the applicant/appellant has misused the liberty while he was on bail. The appeal will take its own time for its final decision. The applicant/appellant has made out the case to show that he is having every chance of success in the present appeal.

In view of the above, I proceed to pass the following order:

a.

Criminal application is allowed.

b.

The execution of the sentence is suspended till the decision of the appeal on condition that the applicant/appellant shall execute P.R. Bond of Rs. 20,000/- with one solvent surety of like amount.

Criminal application is disposed of.

Criminal Appeal No. 480/2018 Appeal be placed before the Court for final hearing in the month of September-2023.

JUDGE Signed By:RAJESH KRUSHNARAO NANDURKAR rkn