Laxman Sakharam Bhalerao And ORS v. The State Of Maharashtra

Shubhada S Kadam 501-ia-3829-2024-apeal-328-2025.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3829 of 2024 in CRIMINAL APPEAL NO.328 OF 2025

1. Laxman Sakhharam Bhalearao

2. Sakharam Patilbuva Bhalerao

3. Balu Sakharam Bhalerao

4. Balu Baban Mandekar ... Applicants/ Appellants versus The State of Maharashtra .... Respondent Mr.Dewang Mhatre along with Mr. Nikhil Mallelwar and Mr. R. D. Kaiche, Advocate for the Applicants/Appellants.

Ms. Sangeeta D. Shinde, APP for Respondent-State. CORAM : SHIVKUMAR DIGE, J.

DATE : 1st APRIL, 2025.

P.C. :

1.

By this application, the applicants are seeking suspension of sentence and bail during the pendency of appeal filed by the applicants. 2.

The applicants have been convicted for offences punishable under Section 353, 332 and 120-B of the Indian Penal Code 1860 (for short "IPC") and for each of the offences, each of applicant is sentenced to suffer T.R.C. and pay fine of Rs.500/- and in default, R.I. for one month. 3.

It is the contention of learned counsel for the applicants that the applicants were on bail during trial and they have not misused the liberty. Digitally signed by SHUBHADA SHANKAR KADAM Date:

2025.04.04 14:16:03 +0530 The learned Trial Court has suspended the sentence during the appeal SHUBHADA SHANKAR KADAM 1/2

Shubhada S Kadam 501-ia-3829-2024-apeal-328-2025.doc period and has granted interim bail to the applicants. Hence, requested to allow the application.

4.

The learned APP for respondent-State strongly objected to allow the application.

5.

I have heard both learned counsel.

6.

The sentence imposed on applicants is short term sentence. During the trial, the applicants were on bail and they have not misused the liberty. The learned Trial Court has suspended the sentence during the appeal period and has granted interim bail to the applicants. It may take time to dispose of the appeal.

7.

In view of above, the applicants' sentence is suspended and they are enlarged on bail, pending the hearing and final disposal of the appeal, on the following terms and conditions.

ORDER

i. The applicants be enlarged on bail on furnishing P. R. Bond in the sum of Rs.30,000/- each with one or two sureties in the like amount.

ii.

The bail bond to be furnished before the Trial Court. Interim Application stands disposed of.

8.

All concerned to act on the authenticated copy of this order. (SHIVKUMAR DIGE, J.) 2/2