Gajanan Vasantrao Gulhane And Another v. The State Of Mah. Thr. Pso Ps Morshi Tq.Morshi Dist.Amravati

910appeal846.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPEAL NO. 846 OF 2022 Gajanan Vasantrao Gulhane and another .Vs. State of Maharashtra, thr. P.S.O. Morshi Police Station, Tq. Morshi, District-Amravati. Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri J.Y.Ghurde, Advocate for the appellants. Shri N.R.Rode, A.P.P. for the respondent/State. CORAM : ANIL S. KILOR, J.

DATED : 06/12/2022 1.

Heard.

2.

Admit 3.

Call for record and proceedings.

4.

Shri N.R.Rode, learned APP waives service of notice for the respondent/State.

CRIMINAL APPLICATION (APPA) NO. 1100/2022 5.

This is an application for suspension of sentence and for grant of bail.

6.

The appellants/applicants are convicted for the offence punishable under Section 306 read with Section 34 of the Indian Penal Code, 1860; and they have sentenced to undergo rigorous imprisonment for five years each, and to pay fine of Rs. 3000/- (Rs. Three Thousand) each. In default, they have to undergo simple imprisonment for three months each.

The appellants/applicants are further convicted for the offence punishable under Section 498-A read with rkn

910appeal846.2022.odt Section 34 of the Indian Penal Code, 1860 and they have sentenced to undergo rigorous imprisonment for three years each, and to pay fine of Rs. 2,000/- (Two Thousand) each. In default, they have to undergo simple imprisonment for two months each. The above said fine amounts were reported to be deposited by the applicants/appellants.

7.

After going through the judgment, I am of the opinion that it is necessary to re-look the matter afresh. It is also submitted that the appellants/applicants were on bail during pendency of the trial.

8.

In that view of the matter, I pass the following order:

i) The Criminal Application is allowed.

ii) The sentence imposed on the appellants/applicants by impugned judgment and order dated 28/11/2022 is suspended.

iii) The appellants/applicants shall be released on bail on his furnishing P.R. Bond in the sum of Rs. 25,000/- each with one solvent surety in the like amount for each of the applicant.

iv) Bail before the lower Court.

The Criminal Application is disposed of accordingly.

JUDGE rkn