Ganesh Nana Mane And ANR v. State Of Maharashtra
2024:BHC-AS:16629 Darshan Patil 60-ia-1153-24.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1153 OF 2024 IN CRIMINAL APPEAL NO. 306 OF 2024 1] GANESH NANA MANE 2] SAGAR ANIL JADHAV ..APPLICANTS VS.
THE STATE OF MAHARASHTRA ..RESPONDENT ------------ Adv. H.S. Shinde for the Applicants.
Mr. Swapnil V. Walve, APP for the State.
------------ CORAM : M. S. KARNIK, J.
DATE : APRIL 08, 2024 P.C. :
1.
This is an application for suspension of the sentence imposed by the learned Sessions Court by judgment and order dated 14/02/2024 and for bail.
2.
The applicants have been convicted by the learned Sessions Court for the offence punishable under Sections 353, 332 read with 34 of the Indian Penal Code and sentenced to suffer 3 years of rigorous imprisonment and fine. Sentences to run concurrently. The fine amount has been paid.
3.
Learned APP opposed the application. It is submitted 1/2
Darshan Patil 60-ia-1153-24.docx that upon proper appreciation of the evidence on record, the trial Court has passed the judgment and order dated 14/02/2024.
4.
Appellant Nos.1 and 2 were in pre-trial custody for 29 days and 7 days respectively. Considering the short sentence and there is no likelihood of appeal being heard any time soon, I am inclined to suspend the sentence and enlarge the applicants on bail. There is nothing on record to indicate that the applicants have misused their liberty while on bail during the trial.
5.
The sentence imposed by the trial Court vide judgment and order dated 14/02/2024 is accordingly suspended.
6.
The applicants to be enlarged on the same bail as in the trial Court but with fresh bonds each.
7.
The applicants to report to the trial Court, once a year, on the first Monday of the concerned month, between 11.00 a.m. and 2.00 p.m., commencing May 2024.
8.
The application is disposed of.
(M. S. KARNIK, J.) 2/2 Signed by: Darshan Patil Designation: PA To Honourable Judge Date: 08/04/2024 18:59:18