Shankar Rajendra Jaggi And Others. v. State Of Maharashtra Thr Ps Bori
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION NO.477 OF 2025 IN CRIMINAL APPEAL NO.269 OF 2025 (Shankar Rajendra Jaggi and ors. Vs. 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. A.R. Rawlani, Advocate for the appellants. Mr. A. Madiwale, APP for the State.
CORAM:- URMILA JOSHI-PHALKE, J.
DATED :- JUNE 13, 2025.
By this application, the appellants are seeking suspension of sentence and releasing them on bail. 2.
The appellants are convicted of the offence punishable under Sections 498-A read with Section 34 of the IPC and sentenced to suffer rigorous imprisonment for 1 year and 9 months each and to pay fine of Rs.5000/- each and in default of payment of fine to undergo rigorous imprisonment for the period of three months.
3.
Learned Counsel for the appellants submitted that fine amount is already paid. He also pointed out that the limited period punishment is imposed. From the impugned judgment he pointed out that he has many arguable points in the present appeal. The appeal would take its own time for its final disposal. In the meantime, if sentence is executed the purpose of preferring the appeal
would frustrate. In view of that, the appellants be released on bail and the execution of sentenced be suspended. 4.
Learned APP strongly opposed the application and submitted that the application itself is devoid of merits and liable to be rejected.
5.
I have heard learned Counsel for both the parties and perused the impugned judgment from which it reveals that the limited period punishment is imposed Learned Counsel for the appellants has pointed out that he has many arguable points in the present appeal. The appeal would take its own time for its final disposal. In the meantime, if sentence is executed the purpose of preferring the appeal would frustrate. In view of that, the application deserves to be allowed. Accordingly, I proceed to pass following order :
(i) The application is allowed.
(ii) The execution of the sentence vide order dated 17/05/2025 passed by the Additional Sessions Judge-5, Nagpur in Sessions Case No.621/2019 is hereby suspended till final disposal of the appeal.
(iii) The appellants - 1) Shankar Rajendra Jaggi, 2) Rajendra Ramsingh Jaggi, 3) Rajesh Rajendra Jaggi and 4) Sou. Rani Rajendra Jaggi be released on bail on executing P.R.
Bond in the sum of Rs.25,000/- (Rs. Twenty Five thousand) each with one solvent surety each, in the like amount.
6.
The application stands disposed of.
CRIMINAL APPEAL NO.269 OF 2025 Heard.
2.
ADMIT.
3.
Learned APP waives notice for the State.
4.
Call for R. & P.
5.
Place the appeal before the Court after preparation of the paper book.
(URMILA JOSHI-PHALKE, J.) *Divya