Single judge of Bombay High Court allowed criminal application suspending execution of three-year sentence on applicants pending appeal on merits, with conditions for bail bond and reporting.
Execution of sentence suspended pending appeal; bail bond of Rs.25,000 each with one surety; monthly reporting to police.
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.
Kavita 903-appln-675-17.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 1155 OF 2017 IN CRIMINAL APPEAL NO.675 OF 2017
Amit Shivaji Shibe and Ors. ...Applicant Versus State of Maharashtra ...Respondent
Mr.Chetan G.Patil for the Applicant. Mr.Rajan Salvi APP for the State
CORAM : SMT. ANUJA PRABHUDESSAI, J.
DATED: 8th AUGUST, 2017.
P.C.:-
dated 9th June, 2017 in Sessions Case No.19 of 2016 wherein, they have been found guilty for the offences punishable under Sections 395, 120-B r/w Sections 149 of the Indian Penal Code. The Applicant Nos.2 to 4 have been found guilty of the offences under Sections 363, 342
r/w Section 149 of the Indian Penal Code. Applicant Nos.3 and 4 for the offence punishable under Section 170 r/w 149 of the Indian Penal Code and all the applicants have been guilty for the offences 120-B r/w 149 of the Indian Penal Code. The applicants have been sentenced
for three years each. The Applicant Nos.1 to 4 were on bail during the
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Kavita 903-appln-675-17.doc
pendency of the trial, whereas the applicant Nos.2 and 3 were arrested on 27th March, 2016 and were in custody till the date of the judgment. The learned Sessions Judge, has suspended the execution of sentence, till filing of the appeal, on furnishing bail bond of Rs. 15,000/- and PR bond in the like amount.
passed:-
ORDER
(ii) Pending the final disposal of the appeal, the execution of the
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Kavita 903-appln-675-17.doc
substantive sentence imposed on the applicants in Sessions
Case No.19 of 2016 is suspended;
(ANUJA PRABHUDESSAI, J.)
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1 issue framed by the court
Whether the execution of the substantive sentence imposed on the applicants should be suspended pending the final disposal of their criminal appeal.
3 provisions across 1 enactments
Amit Shivaji Shibe and Ors.
State of Maharashtra
Anuja Prabhu Dessai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
