Bhagwan Namdeo Shinde And ORS. v. State Of Maharashtra And ORS.
2024:BHC-AS:16849
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1422 OF 2024 IN CRIMINAL APPEAL NO. 352 OF 2024 BHAGWAN NAMDEO SHINDE AND ORS.
..APPLICANTS VS.
THE STATE OF MAHARASHTRA AND ORS.
..RESPONDENTS ------------ Adv. Pratap Patil for the Applicants.
Mr. B.B. Kulkarni, APP for the State.
------------ CORAM : M. S. KARNIK, J.
DATE : APRIL 10, 2024 P.C. :
1.
This is an application for suspension of the sentence imposed by the trial Court vide judgment and order dated 20/02/2024 and for bail.
2.
The applicants were convicted for the offence punishable under Section 307 read with Section 34 of the Indian Penal Code (IPC) and sentenced to suffer 3 years of simple imprisonment and fine. The applicants have also been convicted for the offence punishable under Sections 324, 506 read with 34 of the IPC but the sentences do not exceed 3 years. It is directed that all the sentences are to 1/3
run concurrently.
3.
Learned APP opposed the application. It is submitted that findings are recorded against the applicants and on the basis of proper appreciation of the evidence on record, the applicants have been convicted. Learned APP further submitted that the accusations which are serious in nature stand proved against the applicants.
4.
The applicants were on bail during the trial. There is nothing on record to indicate that the applicants have misused their liberty during the trial. Considering the duration of the sentence and as the appeal is unlikely to be heard any time soon, in the present facts and circumstances, I am inclined to enlarge the applicants on bail.
5.
The applicants - Bhagwan Namdeo Shinde, Anita Bhagwan Shinde, Ajit Bhagwan Shinde and Rohit Bhagwan Shinde are enlarged on the same bail as in the trial Court but with fresh bonds each.
6.
Applicants - Bhagwan Namdeo Shinde, Ajit Bhagwan Shinde and Rohit Bhagwan Shinde shall report to the trial 2/3
Court, once a year, on the first Monday of the concerned month, between 11.00 a.m. and 1.00 p.m., commencing May 2024.
7.
Applicants to furnish their contact numbers and residential addresses to the Investigating Officer and shall keep him updated, in case there is any change. 8.
The application is disposed of.
(M. S. KARNIK, J.) 3/3 Signed by: Darshan Patil Designation: PA To Honourable Judge Date: 10/04/2024 18:30:36