Criminal appeal for bail. Court held that suspending sentence is desirable due to trial delay and fine deposit, allowing bail on bond.
Application allowed; substantive sentence suspended; appellants released on bail upon furnishing P.R. and S.B. of ₹15,000 each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
13 appln.6364.13
IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. APPELLATE SIDE JURISDICTION
CRIMINAL APPLICATION NO. 6364 OF 2013
IN APEAL/473/2013
VAIJINATH GITARAM GHOGRE AND OTHERS VERSUS
THE STATE OF MAHARASHTRA
Advocate for Applicants : Deshmukh Ravindra M. APP for Respondent / State : Mr.A.S.Shinde.
CORAM : T.V. NALAWADE, J. DATE : 19th December, 2013.
P.C.:
. The application is filed for suspension of substantive sentence and for releasing the Appellants on bail. Both the sides are heard.
2 This Court has gone through a copy of the judgment and order delivered by the learned Sessions Judge, Jalna in Sessions Case No.124 of 2011. The Appellants are convicted and sentenced for the offences punishable under Sections 498-A, 306 read with Section 34 of the Indian Penal Code. The maximum sentence of imprisonment for the offences, which is given is 7 years and 5 years. Statement was made by the learned counsel for the Appellant that entire fine amount has been deposited. The judgment shows that the Appellants were on bail during trial. In view of these circumstances and the reasoning given in the judgment, this Court holds that it is not desirable to keep the Appellant / Applicants behind bars till the disposal of the appeal. Final disposal of the appeal is likely to take much time.
2
13 appln.6364.13
3 In the result, the application is allowed. The substantive sentence is suspended. The Appellants / Applicants are to be released on bail on their furnishing P.R. and S.B. of Rs.15,000/- by each of them.
[ T.V. NALAWADE, J. ]
ndm
3 issues framed by the court
Whether to grant bail and suspend the substantive sentence pending the disposal of the appeal under Section 498-A and 306 IPC.
Whether the deposit of fine amount entitles the appellants to bail.
Whether the delay in the appeal disposal justifies suspension of sentence.
VAIJINATH GITARAM GHOGRE AND OTHERS
THE STATE OF MAHARASHTRA
T.V. NALAWADE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
