Jagdish Bhaskar Nagare vs The State Of Maharashtra
2021 Latest Caselaw 8751 Bom

                                                                      925-APPLN-1217-21.odt




               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD

                     CRIMINAL APPLICATION NO. 1217 OF 2021
                                      IN
                        CRIMINAL APPEAL NO. 206 OF 2021

Jagdish Bhaskar Nagare                                    ..APPLICANT
        VERSUS
State of Maharashtra                                      ..RESPONDENT

                                     ....
Mr. N.S. Ghanekar, Advocate for applicant
Mr. S.N. Kendre, A.P.P. for respondent - State
                                     ....

                                               CORAM : R.G. AVACHAT, J.
                                               DATED : 03rd JULY, 2021

PER COURT :


1.           This is an application for suspension of substantive sentence of

imprisonment passed by the learned Additional Sessions Judge, Aurangabad

in Sessions Case No. 308 of 2018 vide judgment and order dated 15 th March,

2021.



2.           The applicant has been convicted for the offences punishable

under Sections 498-A and 306 of the Indian Penal Code. The applicant is

sentenced to suffer rigorous imprisonment for three years and to pay fine of

Rs.5,000/-, in default to suffer simple imprisonment for one month for the

offence under Section 498-A and to suffer rigorous imprisonment for seven

years and to pay fine of Rs.10,000/-, in default to suffer simple imprisonment

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                                                                            925-APPLN-1217-21.odt



for two months for the offence under Section 306. Substantive sentences of

imprisonment are to run concurrently.


3.          Heard. Learned counsel for the applicant took me through the

relevant evidence and urged for suspension of execution of sentence of

imprisonment.


4.          Learned A.P.P. strongly opposed the application.


5.          The applicant was in jail for about two years. The appeal is not

likely to come up for final hearing in the near future.                I am, therefore,

inclined to allow the application as under :-


                                         ORDER

(i) Criminal application is allowed in terms of prayer clauses (B)

(ii) Pending the appeal, the substantive sentence of imprisonment to stand suspended. The applicant be released on bail, on his executing P.R. bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand) with one surety in the like amount.

(iii) Bail before the trial Court.

( R.G. AVACHAT, J. ) SSD

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