Dhondiram Ananda Patil And ORS v. The State Of Maharashtra

sr.5.appa.204.2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.204 OF 2018 IN CRIMINAL APPEAL NO.135 OF 2018 Dhondiram Ananda Patil & ors.

...

Appellants V/s.

The State of Maharashtra ...

Respondent .....

Mr.Anand S. Patil for the appellants / applicants. Mr.S.V. Gavand, APP for the respondent/State. ....

CORAM : A.M.BADAR J.

DATED : 22nd FEBRUARY 2018.

P.C. :

1.

This is an application for suspension of sentence and releasing applicants/accused on bail during the pendency of appeal filed by them. 2.

The applicants are convicted of offences punishable under sections 307, 323 and 504 read with 34 of IPC. 3.

They are sentenced to suffer simple imprisonment of three years apart from the payment of fine of Rs.5000/­ and in default simple imprisonment for one year. Lesser sentences are imposed on other counts and all sentences are directed to run concurrently. Vna k.

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sr.5.appa.204.2018 4.

Heard learned Advocate appearing for the applicants / accused. He argued that the short sentence of imprisonment imposed on the applicants has already been suspended by the learned Trial Court. 5.

The learned APP opposed the application.

6.

As the short sentence of imprisonment for three years is imposed on the applicants and as the same has already been suspended by the learned Trial Court, the application needs to be allowed and therefore, by this order, the application is allowed:

::ORDER::

(i) Substantial sentence of imprisonment imposed on the applicants is suspended and they are directed to be released on bail on executing PR Bond of Rs.15,000/­ on furnishing surety in the like amount by each of them.

(ii) As a condition of this order, the applicants should not be repeated commission of similar offence in future. (iii) Application is accordingly disposed of. (A.M.BADAR J.) Vna k.

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