Allowed

Sanjay @ Monu S/O Durgashankar Thakur and Another v. the State of Maharashtra, through P.S.O. Police Station Nandanwan, Nagpur

Bombay HC15 Oct 2012APPA/649/2012

Case brief

AI extract

What is this about?

Acharya High Court Nagpur Bench, allowed a Criminal Application for suspension of substantive sentence imposed on convicted applicants in an appeal against conviction for offences under Sections 307 and 324 IPC, directing their release on the same bail amounts with fresh bonds.

What did the court decide?

Application for suspension of substantive sentence allowed; applicants directed to be released on the same bail as quantified by the trial Court with fresh bonds.

Sanjay @ Monu S/O Durgashankar Thakur and Another Vs the… — Bail and Remand | Bombay HC (2012)

¶1

appa649.12

¶2

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR

¶4

Criminal Application (APPA) no. 649/2012 in Criminal Appeal No.319/2012 Sanjay @ Monu s/o Durgashankar Thakur and another Vs. State of Maharashtra

¶5

----------------------------------------------------------------------------------- Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's or directions and Registrar's orders. Orders.

¶6

Mr. R.M. Daga, Adv. and Mr. R.S. Thakur, Adv. for the applicants. Mrs. M.H. Deshmukh, APP for the respondent.

¶7

CORAM : A.R. JOSHI, J. DATE : 15/10/2012.

¶8

1] Heard rival arguments on this application for suspension of substantive sentence.

¶9

2] By the impugned judgment and order in the present appeal which is already admitted, applicant nos. 1 and 2 were convicted for the offences punishable under Sections 307, 324 read with Section 34 of the Indian Penal Code and respective sentences were inflicted of four years R.I. and six months R.I.

¶10

3] During the pendency of the trial considering the gravity of the offences charged against both the applicant Nos. 1 and 2, the trial Court though granted bail to both of them, the quantum of bail was raised to Rs. 50,000/- so far as applicant no.1 is concerned and it was for Rs. 20,000/- for applicant no.2. During the

¶11

appa649.12

¶12

¶13

pendnecy of the trial, the applicant no.2 could avail the bail and was thus released on bail. Probably, due to the large quantum of bail of Rs. 50,000/-, applicant no.1 could not avail the bail and he remained inside. However, the trial was concluded within two months of passing of bail order and as such ended the trial in conviction dated 27^th July, 2012.

¶14

4] Considering the material as available against both the applicants and considering the injuries to first informant and another witness mainly on the back, the trial Court accepted the contention of the prosecution as to applicability of Section 307 of the Indian Penal Code against both the accused. So far as the present application is concerned, in the opinion of this Court, the present application can be allowed suspending the said substantive sentence of imprisonment during the pendency of the appeal which may take some time for final hearing.

¶15

5] In the result, application for suspension of substantive sentence is allowed. The applicants be released on same bails as quantified by the trial Court with fresh bonds.

¶16

JUDGE

¶17

Ambulkar

Sanjay @ Monu S/O Durgashankar Thakur and Another v. the State of Maharashtra, through P.S.O. Police Station Nandanwan, Nagpur

Case brief

What is this about?

What did the court decide?

Sanjay @ Monu S/O Durgashankar Thakur and Another v. the State of Maharashtra, through P.S.O. Police Station Nandanwan, Nagpur

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ganesh Mohansing Thakur Vs the State of Maharshtra, Represented through Pso Wadgaon Road, T.D. Yavatmal

Subhash Ganpatrao Ghavghave Vs Mamta Co-Operative Society, Nagpur Thr. Anand C Trivedi and Others

Rajesh Narayandas Lohana Vs State of Maharashtra through Pso Ps Wadgaon Road, Distt Yavatmal

Dhiraj S/O Milindrao Thool and Anr. Vs Sau. Swati W/O Dhiraj Thool

Umesh S/O Tulsiram Pihulkar (in Jail) Vs State of Maharashtra through Pso Asegaon, Ps Asegaon, Tq Mangrulpir Distt Washim

Santosh S/O Ramkrushna Rajurkar and Anr. Vs the State of Mah. Thr. Its P.S.O.