Dada @ Dhanraj Avinash Bhosale And ANR. v. State Of Maharashtra

2024:BHC-AS:19676 Urmila Ingale 44-IA-1664-24.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1664 OF 2024 IN CRIMINAL APPEAL NO. 416 OF 2024 DADA @ DHANRAJ AVINASH BHOSALE AND ANR.

..APPLICANTS VS.

THE STATE OF MAHARASHTRA ..RESPONDENT Mr. V.V. Phatate, for the Applicants.

Ms. Sangeeta D. Shinde, APP for the State.

CORAM : M. S. KARNIK, J.

DATE : APRIL 29, 2024 P.C. :

1.

This an application for suspension of sentence and bail.

2.

The applicants are convicted for the offence punishable under Sections 353, 332 and 341 read with 34 of the Indian Penal Code by the trial Court. The maximum sentence imposed by the trial Court is 2 years and fine of Rs.1000/-. The fine amount has been paid.

3.

Learned APP opposed the application for suspension of sentence and bail. Learned APP submitted that for the 1/2

Urmila Ingale 44-IA-1664-24.docx cogent reasons and after appreciation of the evidence on record, the trial Court has convicted the applicants. 4.

With the assistance of learned counsel for the applicants, I have perused the order of the trial Court and the materials on record. The applicants were on bail during the trial. There is nothing on record to indicate that the applicants had misused their liberty while on bail. Considering the duration of sentence and as the appeal is unlikely to be heard finally in the near future, I am inclined to suspend the sentence and to enlarge the applicants on bail.

5.

The sentence is suspended. The applicants be enlarged on same bail as before the trial Court but with fresh bonds.

6.

The applicants to remain present at the time of final hearing of the appeal.

7.

The application is disposed of.

(M. S. KARNIK, J.) 2/2 Signed by: Urmila P. Ingale Designation: PS To Honourable Judge Date: 30/04/2024 11:08:00