Jalandhar S/O. Mahadeo Zingre And Another v. State Of Maharashtra Thr. P.S.O. Police Station Aroli Dist. Nagpur

apeal.623.17 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Criminal Appeal No.623 of 2017 Jalandhar Mahadeo Zingre and another vs.

The State of Maharashtra, through its P.S.O. Aroli, Tah. Mouda, Dist. Nagpur =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri S.L. Kotwal, Advocate for the Appellants.

CORAM

: S.B. SHUKRE, J.

DATE : 21 st FEBRUARY, 2018.

Issue notice to the respondent-State.

Shri P.S. Tembhare, learned A.P.P. waives service of notice for the respondent.

Heard.

Admit.

Call for record and proceedings.

Criminal Application [APPA] No.1103/2017 :

Issue notice to the respondent-State.

Shri P.S. Tembhare, learned A.P.P. waives service of notice for the respondent.

Heard.

The appeal is admitted and the appellants were on bail during trial and after their conviction for an offence punishable under Section 324 read with Section 34 of the Indian Penal Code, the substantive sentence of the appellants,

apeal.623.17 2/2 which was of three years of simple imprisonment, has been temporarily suspended by the trial Court to enable the appellants to resort to the remedy of appeal. Considering the facts, I am of the view that the application deserves to be allowed.

The application is allowed and it is directed that the substantive sentences of imprisonment imposed on both the appellants be suspended till final disposal of the appeal and till that time, the appellants be released on bail on each of them furnishing a P.R. Bond of Rs.25,000/- together with one solvent surety in the like sum on the condition that the appellants shall attend this Court or the trial Court as and when required The application is disposed of in the above terms. JUDGE *sdw