Allowed

Ramesh Bhavrao Nirfal and Another v. the State of Maharashtra

Bombay HC21 Apr 2023APPLN/1382/2023

Case brief

AI extract

What is this about?

The High Court allowed an application seeking suspension of the substantive sentence pending appeal. The court held that since the sentence was short and already suspended, it would be in the interest of justice to suspend it further and release the applicants on bail with a police report bond.

What did the court decide?

Substantive sentence suspended pending appeal; applicants released on bail on furnishing PR bond of Rs.15,000/- each.

Ramesh Bhavrao Nirfal and Another Vs the State of Maharashtra — Bail and Remand | Bombay HC (2023)

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(1)

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criapln1382.23

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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29 CRIMINAL APPLICATION NO. 1382 OF 2023 IN CRIMINAL
APPEAL NO. 307 OF 2023

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RAMESH BHAVRAO NIRFAL AND ANOTHER VERSUS

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THE STATE OF MAHARASHTRA

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Mr. Gajanan G. Kadam, Advocate for the applicants
Mr. Y. G. Gujrathi, APP for the respondents/State

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CORAM:KISHORE C. SANT, J.

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DATE:21st APRIL, 2023

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P. C.

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1.Heard.

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2.This is an application seeking suspension of
substantive sentence awarded by the learned Additional Sessions
Judge, Vaijapur in Sessions Case No.105/2014. The applicants
are held guilty of the offences punishable under Sections 324 of
the Indian Penal Code. They are directed to suffer R I for two
years and to pay fine of Rs.1000/- in default to suffer S I for one
month for the offence punishable under Section 324.

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3.Learned advocate for the applicants submits that
during the trial the accused were on bail. There is no allegation
that they have misused the liberty while they were on bail.

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(2) criapln1382.23

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Sentence is short sentence. On the date of conviction their
substantive sentence is suspended. They have already paid the
fine amount in the trial court. He further submits that looking to
the pendency of the appeal, the appeal is not likely to be heard
in near future and prays for suspension of substantive sentence.

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4.Learned APP opposes the application saying that the
applicants are convicted for the offences under the IPC.

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5.In view of the submission and the fact that sentence
is short sentence and the sentence is already suspended, this
court finds that it would be in the interest of justice to suspend
the substantive sentence pending the appeal. Therefore, the
following order:-

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ORDER

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a] The criminal application stands allowed.

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b]Substantive sentence as awarded by the
learned Additional Sessions Judge, Vaijapur in
Sessions Case No.105/2014 is hereby suspended
pending the appeal.

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c]The applicants be released on bail on
furnishing PR bond of Rs.15,000/- [Rupees Fifteen

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(3) criapln1382.23

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Thousand] each with one solvent surety in the like
amount on the following conditions:

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i]The applicants shall provide the
contact details like mobile number and
address, in case of any change to the
concerned police station.

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[KISHORE C. SANT, J.]

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VishalK/criapln1382.23

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Ramesh Bhavrao Nirfal and Another v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Ramesh Bhavrao Nirfal and Another v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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