Puja Vinod Gejge And ORS. v. The State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.959 OF 2022 IN CRIMINAL APPEAL NO. 293 OF 2022 Puja Vinod Gejge And Ors.
...Appellants/Applicants
Versus
State Of Maharashtra
...Respondent
....
Mr. Sagar S. Tambe i/by Mr. Ritesh M. Thobde, Advocate for the Appellants/Applicants.
Mr. Ajay Patil, APP for the Respondent - State.
CORAM
:
PRAKASH D. NAIK, J.
DATE :
23rd MARCH, 2022.
PER COURT :
1.
This is an application for suspension of sentence and grant of bail during the pendency of appeal challenging the judgment of conviction.
2.
The applicants are convicted by judgment and order dated 21st February, 2022 passed by the learned Additional Sessions Judge, Pandharpur wherein the applicants were convicted for offence punishable under Section 306 r/w Section 34 of Indian Penal Code (for short "IPC") and sentenced to suffer rigorous imprisonment of one year.
by SAJAKALI LIYAKAT JAMADAR Date:
2022.03.25 10:47:53 +0530 SAJAKALI LIYAKAT JAMADAR
3.
The case of the prosecution is that the deceased is husband of applicant No.1. Their marriage was solemnized on 30th December, 2015. The relationship between them were strained. He committed suicide on 12th October, 2018. The applicant Nos.2 and 3 are father-in-law and mother-in-law of the deceased 4.
The sentence of imprisonment is of short term. The applicants were on bail during the trial. On the date of conviction the trial Court has suspended the sentence in exercise of powers under Section 389 of Cr.P.C. till the appeal period. 5.
Considering the aforesaid circumstances the sentence of imprisonment can be suspended and the applicants can be granted bail.
6.
Hence, I pass the following order:
ORDER
i.
Interim Application No. 959 of 2022 is allowed; ii.
During the pendency of Criminal Appeal No.293 of 2022, the sentence of imprisonment imposed vide Judgment and order dated 21st February, 2022 passed by learned Additional Sessions Judge in Sessions Case No. 41 of 2019 is suspended and the applicants are directed to be released on
bail on executing P.R. Bond in the sum of Rs.20,000/- each with one or more sureties in the like amount; iii.
The applicants are permitted to furnish cash bail in the sum of Rs.20,000/- for a period of ten weeks in lieu of surety.
iv.
The applicants shall attend the trial Court once in six months on first Saturday of the month till the final disposal of the appeal;
v.
In the event, there are two consecutive defaults in attending the trial Court, the said fact may be brought to the notice of this Court and in such eventuality, the prosecution will be at liberty to prefer an application for cancellation of bail.
vi.
Interim Application stands disposed of accordingly. (PRAKASH D. NAIK, J.)