Appeals against conviction for dacoity filed under Section 395 r/w 120B IPC. Applicants convicted for 7 years and held in prison for 4.5 years. Court suspended sentences pending appeal and released applicants on bail.
Impugned sentences suspended pending appeal. Applicants released on bail by furnishing P.R. Bonds of Rs.25,000 each with sureties.
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.
APPA717 & &98_2014.doc
Vidya Amin
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 717 OF 2014 IN CRIMINAL APPEAL NO. 564 OF 2014
Datta Bhimrao Tonape … Applicant
vs.
The State of Maharashtra … Respondent
CRIMINAL APPLICATION NO. 798 OF 2014 IN
CRIMINAL APPEAL NO. 563 OF 2014
Santosh Tatyaba Ghadage … Applicant
vs.
The State of Maharashtra … Respondent
CRIMINAL APPLICATION NO. 793 OF 2014 IN
CRIMINAL APPEAL NO. 565 OF 2014
Amol Ramchandra Nikam
… Applicant
vs.
The State of Maharashtra … Respondent
Mr. Prashant Patil, Advocate for the applicant in Cri. Application No. 717/2014.
Mr. Sandip L. Babar, Advocate for the applicants in Cri. Application Nos 798/2014 and 793/2014.
Mrs. A.A. Mane, APP for the State.
CORAM : MRS. MRIDULA BHATKAR, J. DATE : 11th July, 2014.
P.C.
These Applications are moved for bail by the appellants/applicants.
The appeals are filed against the judgment and order dated 15.7.2013
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APPA717 & &98_2014.doc
passed by the Additional Sessions Judge, Satara convicting the applicants/appellants for the offences punishable under sections 395 r/w 120B, 397 and 402 of the Indian Penal Code. The applicants/appellants alongwith other convicts had stopped the bus and robbed cash of Rs.12 lacs and gold ornaments worth Rs.50,000/ from the passengers in the bus. The applicant assaulted some passengers and the cleaner at the time of dacoity. Hence, 13 persons were prosecuted and 12 persons were convicted for 7 years.
the incident of robbery has taken place on 3.12.2009. The applicants were arrested on 12.12.2009. They are in prison since last 4½ years and, therefore, they be released on bail.
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APPA717 & &98_2014.doc
submitted that the applicants are convicted for 7 years for a serious offence of dacoity on the bus.
applicants/appellants have undergone a period of 4½ years of their sentence in prison. On verification, it is found that besides this case, neither any case is pending against them nor they are prosecuted for any other offence. The appeals are of the year 2014 and, therefore, considering the pendency of the matters before this Court, it is not possible to take up these Appeals in the near future. Hence, in view of the above, the following order is passed:
ORDER
(i) The impugned sentences of the applicants/appellants Datta Bhimrao Tonape, Santosh Tatyaba Ghadage and Amol Ramchandra Nikam are suspended pending appeal;
ii) The applicants/appellants are released on bail on furnishing P.R. Bonds in the sum of Rs.25,000/ each with one or two sureties in the like amount, pending appeal;
iii) The applicants shall not tamper with evidence and shall not indulge into any criminal activity while on bail;
iv) In the event the applicants changes their residence, they shall
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APPA717 & &98_2014.doc
communicate the new address to the concerned police station;
(MRS.MRIDULA BHATKAR, J.)
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2 issues framed by the court
Whether bail should be granted to applicants convicted of dacoity who have served nearly half of their imposed sentence.
Whether the impugned sentences are to be suspended pending the disposal of appeals.
Colour shows how this judgement treated each authority
Not cited in the textReferred¶30
1 provisions across 1 enactments
Datta Bhimrao Tonape
Santosh Tatyaba Ghadage
Amol Ramchandra Nikam
The State of Maharashtra
Mridula Dhinkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
