Ravi Shahaji Ghante And Ors vs The State Of Maharashtra
2021 Latest Caselaw 3086 Bom

           Digitally signed by
Nisha S.   Nisha S. Chitnis

Chitnis    Date: 2021.02.18
           12:08:59 +0530

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nsc.
                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        CRIMINAL APPELLATE JURISDICTION

                                  CRIMINAL INTERIM APPLICATION NO.500 OF 2021
                                                     IN
                                        CRIMINAL APPEAL NO.137 OF 2021

                   1.   Ravi Shahaji Ghante
                   2.   Maruti @ Anna Nagnath More
                   3.   Aadam Hajrat Shaikh
                   4.   Pramod @ Parmeshwar Hanmant Sale
                   5.   Maheboob Chand Nadaf
                   6.   Somling Maruti Kore
                   7.   Suresh Bhagwan Ghante                             ...Applicants
                       Versus
                   The State of Maharashtra                                   ...Respondent

                   Mr. Mohammad S. Mulla, for the Applicants.

                   Mr. A. R. Patil, A.P.P for the Respondent - State.


                                                  CORAM : REVATI MOHITE DERE, J.
                                                 DATE :      16th FEBRUARY, 2021

                  P.C. :


                  1.                 Heard learned counsel for the parties.


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

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

                   of the aforesaid appeal.
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3.             The applicants vide Judgment and Order dated 19 th December,

2020, passed by learned Additional Sessions Judge, Solapur, in Sessions

Case No.293 of 2017, have been convicted and sentenced as under:-

-     Applicant Nos.1 to 5 are convicted for the offence punishable under

Sections 143, 147, 148, 324 r/w 149 of the Indian Penal Code            and

Applicant Nos. 6 and 7 are convicted for the offence punishable under

Sections 143, 147, 324 r/w 149 of the Indian Penal Code ('I.P.C');

-     for the offence punishable under Section 143 of the I.P.C, all the

applicants, to suffer simple imprisonment for 1 month and to pay fine of

Rs.100/- each, in default of payment of fine, to suffer simple imprisonment

for 1 week;

-     for the offence punishable under Section 147 of the I.P.C, all the

applicants, to suffer simple imprisonment for 3 months and to pay fine of

Rs.500/- each, in default of payment of fine, to suffer simple imprisonment

for 1 month;

-     for the offence punishable under Section 324 r/w 149 of the I.P.C,

all the applicants, to suffer simple imprisonment for 1 year and to pay fine

of Rs.1000/- each, in default of payment of fine, to suffer simple

imprisonment for 1 month;

-     for the offence punishable under Section 148 of the I.P.C, Applicant

Nos. 1 to 5, to suffer simple imprisonment for 1 month and to pay fine of
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Rs.200/- each, in default of payment of fine, to suffer simple imprisonment

for 15 days.

      All the applicants were however acquitted of the offence punishable

under Sections 307, 341, 504, 506, 149 of the I.P.C.

        Applicant Nos. 6 and 7 were acquitted for the offence punishable

under Section 148 of I.P.C.

      The said substantive sentences were directed to run concurrently.


4.             Perused the papers. It is not in dispute that the applicants were

on bail pending trial and even post conviction, their sentences were

suspended to enable the applicants to file the aforesaid appeal. The Appeal

is not likely to come up for the hearing in the immediate near future. The

sentences awarded are short term sentences.



5.              Considering the aforesaid, the application is allowed and the

applicants sentences are suspended and they are enlarged on bail, pending

the hearing and final disposal of the aforesaid Appeal, on the following

terms and conditions :-

                                      ORDER

i) The Applicants be enlarged on bail on furnishing P.R. Bond

in the sum of Rs.20,000/- each with one or two sureties in the like amount;

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ii)          The Applicants shall report to the trial Court, once in three

months on the day/date specified by the trial Court, till their Appeal is

finally disposed of;

iii) The Applicants shall keep the trial Court informed of

current address and mobile contact number and/or change of residence or

mobile details, if any, from time to time;

iv) If there are two consecutive defaults in appearing before the

trial Court, the learned Judge shall make a report to the High Court and the

prosecution would be at liberty to file an application seeking cancellation

of bail.

6. The Application is allowed in the aforesaid terms and is

accordingly disposed of.

7. All concerned to act on the authenticated copy of this order.

REVATI MOHITE DERE, J.