Bandagi Husenbasha Sindagikar And ANR. v. State Of Maharashtra

Gokhale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2477 OF 2024 IN CRIMINAL APPEAL NO. 657 OF 2024 Bandagi Husenbasha Sindagikar & Anr.

..Applicants.

Versus

State of Maharashtra ..Respondent __________ Mr. M. S. Mulla for Applicants.

Smt. M. R. Tidke, APP for State/Respondent.

__________ CORAM : SARANG V. KOTWAL, J.

DATE : 1 JULY 2024 PC :

1.

The Applicants were the original accused Nos.1 and 2 in Sessions Case No.342 of 2023 before the Additional Sessions Judge, Solapur. The learned Judge vide the Judgment and order dated 15.05.2024 convicted both of them for commission of offences punishable under sections 324, 323 and 506 r/w. 34 of the I.P.C. The maximum sentence imposed on them was R.I. for six months and to pay a fine of Rs.200/- each and in default to suffer imprisonment for 15 days each. The compensation of Rs.5000/- each was directed to be paid to the injured persons. VINOD BHASKAR GOKHALE VINOD BHASKAR GOKHALE Date: 2024.07.02 13:47:57 +0530

2.

Learned counsel for the applicants submitted that there was a cross case in which the other accused from the other side are convicted. As far as the present case is concerned, the eye witnesses' statements are not consistent. The medical certificate shows simple injuries. He submitted that the Appeal is not likely to be decided within a period of six months. He submitted that, after their conviction, both the applicants were granted bail U/s.389 of the Cr.p.c. As of today, they are on bail. During trial also they were on bail and they have not misused that liberty. 3.

The Appeal is not likely to be decided within six months. The injuries caused were not grievous. They were on bail during trial. In this view of the matter, the applicants can be granted bail during the pendency of their Appeal.

4.

Hence, the following order:

O R D E R

i) During pendency and final disposal of Criminal Appeal No.657 of 2024, the Applicants are directed to be released on bail on their furnishing P. R. bonds in the sum of Rs.30000/- each with

one or two sureties each in the like amount.

ii) The Application is disposed of.

(SARANG V. KOTWAL, J.)