Namdeo Narayan Ghadigaonkar And ... vs The State Of Maharashtra
2021 Latest Caselaw 6235 Bom

                                                        15a. IA 671-21 IN APEAL 167-21.doc


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              CRIMINAL APPELLATE JURISDICTION
                              INTERIM APPLICATION NO. 671 OF 2021
                                                   IN
                                 CRIMINAL APPEAL NO. 167 OF 2021


            1.   Namdeo Narayan Ghadigaonkar
            2.   Sakharam @ Anil Pandurang Ghadigaonkar
            3.   Arun Tukaram Ghadigaonkar
            4.   Mohan Sitaram Ghadigaonkar
            5.   Anita Arun Ghadigaonkar
            6.   Asmita Sakharam Ghadigaonkar
            7.   Mayuri Mohan Ghadigaonkar                       ...Applicants

                  Versus

            State of Maharashtra and Anr.                        ...Respondents

            Mr. Rajdeep D. Gude i/b Mr. Khandeparkar and Associates for the
            Applicants.

            Mr. P.H.Gaikwad, A.P.P for the Respondent No.1-State.

                                            CORAM : REVATI MOHITE DERE, J.

DATE : 7th APRIL, 2021 P.C. :

1. At the outset, learned Counsel for the appellants seek leave to

amend to implead the complainant as party Respondent. Leave granted.

Amendment to be carried out forthwith.

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15a. IA 671-21 IN APEAL 167-21.doc

2. Heard learned Counsel for the parties.

3. By this application, the applicants seek suspension of their

sentence and enlargement on bail, pending the hearing and final disposal of

their appeal.

4. The applicants, vide judgment and order dated 05/02/2020

passed by the learned Designated Special Judge for the SC & ST

(Prevention of Atrocities) Act, Sindhudurg-Oros, in Special Case No.2 of

2016, have been convicted for the offence punishable under Section 143,

147, 148 and Sections 324, 341, 504 and 506 r/w 149 of the Indian Penal

Code. Vide the said order, the applicants were directed to be released under

Section 4 of the Probation of Offenders Act on their entering into a bond of

Rs.10,000/- each and surety in the like amount to appear and receive

sentence whenever called upon by this Court within a period of one year.

The applicants were also directed to pay Rs.5,000/- each to the first

informant as an compensation under Section 5 of the Probation of

Offenders Act.

The applicants were, however, acquitted of the offences

punishable under Section 326 r/w Section 149 of the Indian Penal

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15a. IA 671-21 IN APEAL 167-21.doc

Code and Section 3(1)(x) of the Scheduled Castes and Scheduled

Tribes (Prevention of Atrocities) Act, 1989.

5. The applicants' appeal has been admitted by a separate order

passed today. The fine amounts have been deposited by the applicants.

6. Since, no substantive sentence has been awarded, the question

of suspending the sentence and enlargement of the applicants on bail will

not arise.

7. The application is accordingly disposed of.

REVATI MOHITE DERE, J.

Wakodikar                                                                                         3/3