Rekha Jagesh @ Kalyug Bhosale And ORS. v. The State Of Maharashtra

Osk 8-IA-2256-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2256 OF 2022 IN CRIMINAL APPEAL NO. 698 OF 2022 1.

Rekha Jagesh @ Kalyug Bhosale ] 2.

Chhayakka Sunil Bhosale ] 3.

Janaki Gouda Bhosale ] 4.

Manisha Patil Bhosale & ] 5.

Chhota Rushikesh Pawar ] ... Applicants/Appellants V/s.

The State of Maharashtra ] ... Respondent Mr.Prasanna Shahane i/b. Mr.Milind Deshmukh for Applicants/Appellants. Mr.S.S. Hulke, A.P.P. for Respondent-State.

CORAM : A.S. GADKARI, J.

DATE : 18th July 2022.

P.C. :

1.

This is an application for suspension of sentence and releasing the Applicants on bail.

2.

Applicants have been convicted under Sections 353, 332, 324, 143, 147 read with 149 of The Indian Penal Code (for short, 'I.P.C.') and are sentenced to suffer maximum simple imprisonment for six months by the learned Additional Sessions Judge, Sangli in Sessions Case No.394 of 2019 by its Judgment and Order dated 16th June 2022.

3.

Learned Advocate for Applicants submitted that, during the pendency of the trial, the Applicants were released on bail and there is no 1/2

Osk 8-IA-2256-2022.odt report of breach of any of the conditions imposed upon them. 4.

The sentence imposed upon the Applicants is a short term sentence i.e. simple imprisonment for six months. Possibility of hearing present appeal on its own merits in near future is remote. Applicants were released on bail during the pendency of trial and there is no report of breach of any of the conditions imposed upon them.

In view thereof, during the pendency of appeal, the substantive sentence imposed upon the Applicants can be suspended and they can be released on bail.

5.

Hence, the following Order :- (i) Applicants/Accused be released on bail in Sessions Case No.394 of 2019 on their furnishing P.R. bond of Rs.15,000/- each, with one or two separate local sureties in the like amount.

(ii) During the pendency and final disposal of present Appeal, Applicants are directed to attend Miraj Rural Police Station on every first Monday of the month initially for a period of 1 year and thereafter on every first Monday of every 3rd month, i.e. 4 times in a year.

6.

Application is allowed in the aforesaid terms. [A.S. GADKARI, J.] by OMKAR SHIVAHAR KUMBHAKARN Date:

2022.07.19 15:11:04 +0530 OMKAR SHIVAHAR KUMBHAKARN 2/2