Application filed by accused seeking suspension of sentence and bail pending appeal. Court allowed application, suspended substantive sentence, and granted bail on furnishing bond.
Sentence suspended; applicants released on bail on furnishing PR bond of Rs.15,000/- with one solvent surety.
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( 1 ) cria405.23
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 405 OF 2023
IN APEAL/80/2023
RADHESHAM SHAMRAO JADHAV AND ANOTHER VERSUS THE STATE OF MAHARASHTRA
Mr.V.P. Savant, Advocate for the applicants.
Mr.P.M. Kulkarni, APP for the respondent/State.
CORAM: KISHORE C. SANT, J.
DATED: 08.02.2023
PC :-
01.Heard. Issue notice to the respondent. Learned APP waives
service of notice for the respondent/State.
02.By way of this application, the applicants are paying for
suspension of sentence imposed by the learned Sessions Judge, Beed by order
dated 04.01.2022, whereby the accused applicants are held guilty for the
offences punishable under section 353 and 379 r/w 34 of the Indian Penal
Code, section 21(4) of the Mines and Minerals Act and under section
39(1)/192 of the Motor Vehicles Act. The maximum sentence of rigorous
imprisonment is awarded for the offences punishable under sections 353 and
379 is six months. For the remaining offences, the sentence awarded is only
in terms of fine. The sentence is suspended on the same day till appeal period.
The fine amount is already paid. The learned Advocate for the applicants
therefore submits that the applicants were on bail during the trial and there is
no complaint of misuse of liberty. They have already deposited fine amount
and prays for suspension of sentence pending the appeal.
03.Looking to the averments and in view of the above facts,
following order is passed :-
O R D E R
i) The Criminal Application is allowed.
ii)The substantive sentence of the applicants imposed by the
learned Sessions Judge, Beed in Sessions Case No.82 of 2021 vide
order 04.01.2023 is suspended.
iii)The applicants be released on bail on furnishing PR bond of
Rs.15,000/- (Rupees Fifteen Thousand) with one solvent surety in
the like amount each.
iv)The applicants shall keep the police informed about their
addresses and mobile numbers and other contact details.
[KISHORE C. SANT, J.]
snk/2023/FEB23/cria405.23
1 issue framed by the court
Whether the substantive sentences imposed on the accused are legally sustainable pending the appeal against conviction.
3 provisions across 3 enactments
RADHESHAM SHAMRAO JADHAV AND ANOTHER
THE STATE OF MAHARASHTRA
KISHORE C. SANT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court