Bombay High Court
Ganpatrao S/O. Madhavrao Mungde ... vs The State Of Maharashtra on 14 June, 2017
Bench: V.L. Achliya
FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE, BENCH AT AURANGABAD
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Office Notes, Office |
Memoranda of Coram, | Court's or Judge's orders
appearances, Court's |
orders or directions |
and Registrar's orders |
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CRIMINAL APPLICATION NO.2847/2017
IN
CRIMINAL APPEAL NO.233/2017
GANPATRAO MADHAVRAO MUNGDE & OTHERS
VERSUS
THE STATE OF MAHARASHTRA
...
Advocate for Applicant : Mr. Bilolikar
Upendra B.
APP for Respondents/State:Mr. .
...
...
CORAM : V.L. ACHLIYA, J.
Dated: 14th June, 2017
...
The applicants have preferred this
application seeking suspension of the
sentence and released on bail during
pendency of the appeal on the grounds set
out in the application.
2. Heard learned counsel for the
applicants-appellants and learned APP for
the respondent-State. Perused impugned
judgment and order passed by the Trial
Court. The applicants were tried for
committing offences punishable under section
143, 147, 148, 326, 324, 323, 504, 506, 447,
307 r.w. 149 of the Indian Penal Code. On
conclusion of trial the learned Additional
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2
Session Judge pleased to convict the
applicants-accused under section 324, 447
read with section 149 and section 143, 147 of
the Indian Penal Code. The maximum sentence
awarded is of three years for committing
offence punishable under section 324 of the
Indian Penal Code. Learned counsel for the
applicants-accused submit that the applicants
-appellants have good case to succeed in
appeal. During the trial the applicants-
appellants were on bail. On conclusion of
trial the trial court has suspended the
sentence.
3. By referring the injuries sustained by
the injured witnesses examined by the
prosecution, the learned counsel for the
applicants-accused submits that, the injuries
were found to be simple in nature. He
submits that there is no cogent, convincing
and reliable evidence to sustain the
conviction. Therefore, urged to enlarge the
applicants on bail.
4. On the other hand learned APP for the
respondent-State has opposed the application
with contention that there is direct evidence
to connect the applicants-accused with the
offences, for which they have been convicted.
She submits that, if the applicants are
enlarged on bail they may cause threats to
the complainant and other witnesses and
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3
possibility of their absconding cannot be
ruled out.
5. Having appreciated the submissions
advanced in the light of overall facts of the
case, nature of the offence, the reasons
and findings recorded by the trial Court and
the sentence awarded, I am of the view that,
the case is made out to entertain the
application. Looking to pendency of cases, it
may not be possible to immediately take up
this appeal for final hearing. It is
therefore desirable to enlarge the
applicants-accused on bail. I am, therefore,
inclined to entertain the application and
pass the following order:
ORDER
(1) Pending disposal of the appeal, the
execution of substantive sentence stands
suspended subject to deposit of fine
amount.
(2) Pending disposal of the appeal, the
applicants be released on bail on each
of them furnishing bail in the sum of
Rs. 25,000/- (Rupees twenty five
thousand) each with one surety in the
like amount, on following conditions.
(i) Pending disposal of the
appeal, the applicants shall
attend Degloor Tq. Degloor
District Nanded, on last day
of each month.
(ii) The applicants shall not
indulge into any offence of
2847..17Crbapln
similar nature during the
pendency of the Appeal.
(iii) The applicants shall furnish
the names of their three close
relatives with their addresses
and phone numbers.
(3) In the event of breach of any of the
conditions of bail, the bail granted to
the applicants will be liable to be
cancelled.
(4) Bail be furnished in the trial Court.
(5) The Officer In-charge of the Police
Station, Degloor is directed to submit
the report of compliance of conditions
of bail after every six months.
6. Criminal Applications stand disposed of
in above terms.
(V.L. ACHLIYA,J)
mkd/
