Roshan S/O Sukhdeo Dongare v. The State Of Mah. Thr. Ps Kotwali, Nagpur.
2023:BHC-NAG:16145 30.Apeal.712.2023.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPEAL NO. 712 OF 2023 Roshan S/o. Sukhdeo Dongare .Vs. The State of Maharashtra, Through PSO, PS Kotwali, Nagpur _______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
Mr Lubesh Meshram, Counsel for the appellants Ms Sneha Dhote, APP for the State CORAM :
SHIVKUMAR DIGE, J.
DATE :
NOVEMBER 06, 2023 1.
Heard.
2.
Issue notice to the respondent, returnable on 07.12.2023.
3.
Learned APP waives service of notice on behalf of respondent/State.
CRIMINAL APPLICATION NO. 1153 OF 2023 4.
Heard.
5.
This is an application for grant of bail and suspension of substantive sentence.
6.
The appellant is convicted for the offence punishable under Section 304 Part II of the Indian Penal Code vide judgment and order dated 13.09.2023 passed by learned Additional Sessions Judge, Nagpur and sentenced to suffer rigorous imprisonment for three years
30.Apeal.712.2023.odt and to pay fine of Rs.5000/- for the above mentioned offence.
7.
It is stated that during the pendency of the trial the appellant was on bail. There is no allegation of misuse of liberty by him during the pendency of the trial. It is pointed out that considering the quantum of substantive sentence the learned Additional Sessions Judge, Nagpur was pleased to suspend the substantive sentence. Learned Advocate for the appellant submits that the appellant has deposited the fine amount. In the fact and circumstances, the application is allowed. 8.
The substantive sentence awarded by learned Additional Sessions Judge, Nagpur vide judgment and order dated 13.09.2023 shall remain suspended during the pendency of this appeal.
9.
The appellant be released on bail on same terms and conditions as imposed by the learned Additional Sessions Judge, Nagpur at the time of suspension of sentence.
10.
The application stands disposed of.
(SHIVKUMAR DIGE, J.) Namrata