High Court at Aurangabad allowed criminal application under Section 389 CrPC suspending substantive sentence awarded to mother-in-law and husband during appeal pendency, granting bail on fresh terms.
Substantive sentence suspended during pendency of appeal; applicants released on bail on fresh bond before trial court.
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.
942.Appln.83.21.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
CRIMINAL APPLICATION NO.83 OF 2021
IN APPEAL/17/2021 WITH APPEAL/17/2021
SHAKUNTALA NARAYAN SIRSAT AND
HANUMAN NARAYAN SIRSAT
VERSUS
THE STATE OF MAHARASHTRA
...
Advocate for Applicants : Mr. Salunke Sudarshan J.
APP for Respondent/State: Mr. P.G. Borade
CORAM: MANGESH S. PATIL, J.
DATE: 20.01.2021
PER COURT :
In this Appeal against conviction, the applicant who happens to
be the mother-in-law of the deceased has been convicted for the offences
punishable under Sections 306, 498-A and 504 and sentenced to suffer
rigorous imprisonment for 2 years, 1 year and 1 year respectively with fine,
whereas, the husband has been convicted for the offence punishable under
Section 498-A and is sentenced to suffer rigorous imprisonment for 1 year
and fine. By way of this Application under Section 389 of the Code of
Criminal Procedure prayer is made for suspending the substantive sentence.
2.It is necessary to note that offence has been registered on the
basis of a Dying Declaration of the deceased (Exhibit-46). After going
through the contents of this Dying Declaration which forms the basis for the
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942.Appln.83.21.odt
conviction and considering the amount of sentence awarded when the
applicants were already on bail during the trial, the substantive sentence
deserves to be suspended.
3.The Application is allowed. The substantive sentence stand
suspended during pendency of the Appeal. They shall be released on bail on
the same terms and conditions on executing fresh bond before the trial
court.
(MANGESH S. PATIL, J.)
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942.Appln.83.21.odt
habeeb
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1 issue framed by the court
Whether suspension of substantive sentence is warranted under Section 389 CrPC during pendency of appeal when convicts are already on bail with existing sentences.
1 provisions across 1 enactments
SHAKUNTALA NARAYAN SIRSAT HANUMAN NARAYAN SIRSAT
THE STATE OF MAHARASHTRA
MANGESH S. PATIL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court