Allowed

Sarjerao Sakharam Awsarmal and Anr. v. the State of Mah and Anr.

Bombay HC6 Feb 2013APPLN/406/2013

Case brief

AI extract

What is this about?

On a criminal application for suspension of sentence, the High Court suspended the one-year simple imprisonment imposed on the appellants and granted bail pending appeal subject to furnishing a bond and specific conditions, noting the fine was paid.

What did the court decide?

Sentence of one year's simple imprisonment suspended; appeal against conviction pending hearing final disposal of the appeal.

Sarjerao Sakharam Awsarmal and Anr. Vs the State of Mah and… — Bail and Remand | Bombay HC (2013)

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Cri.Appln 406.13

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FARAD CONTINUATION SHEET NO.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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CRIMINAL APPLICATION NO. 406 OF 2013

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IN

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CRIMINAL APPEAL NO. 29 OF 2013
(Sarjerao S/o Sakharam Awsarmal & anr. V/s The State of Maharashtra & anr)

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

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Mr. C.R. Thorat, advocate for Applicants.

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Mr. K.M. Suryawanshi, A.P.P. for Respondent No.1/State.

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CORAM : P.D. KODE, J. Date : 6th February, 2013.

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P.C. :

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Application is for suspension of sentence imposed by the learned Additional Sessions Judge, Aurangabad, vide judgment and order dated 5th January, 2013, convicting applicants/appellants for commission of offence under Section 135 r/w Section 138 of the Electricity Act and sentencing to undergo simple imprisonment for one year with fine of Rs. 5000/- each.

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Having regard to the submissions advanced, the sentence being ordered of one year i.e. for fixed period and fine amount is paid and the applicants were on bail during the proceedings before the Trial Court, the prayer in the application deserves consideration. The perusal of

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Cri.Appln 406.13

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the judgment also does not reveal any particular circumstance disentitling the appellants/applicants from granting bail pending hearing and final disposal of the appeal.

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The substantive sentence of imprisonment imposed upon applicants/appellants is hereby suspended and they are further directed to be released on bail pending hearing and final disposal of the appeal subject to each of them furnishing P.R. bond in the sum of Rs. 30,000/- (Rs. Thirty Thousand only) with one and more sureties to make up the like amount and subject to the conditions of the applicants :-

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(i) staying at the address mentioned in the appeal memo and not changing the same without the permission of the Court,

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(ii) not indulging in any activity of threatening, intimidating or harassing the witnesses who have deposed against them at the trial.

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(iii) not committing any offence while being on bail granted vide this order and

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(iv) appearing before this Court at the time of final

Cri.Appln 406.13

hearing.

Application stands disposed of.

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( P.D. KODE, J. )

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sga/

Sarjerao Sakharam Awsarmal and Anr. v. the State of Mah and Anr.

Case brief

What is this about?

What did the court decide?

Sarjerao Sakharam Awsarmal and Anr. v. the State of Mah and Anr.

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

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