Atul Vikram Waghmare vs The State Of Maharashtra
2021 Latest Caselaw 8588 Bom

                                                    Cri. Appln. No.873/2021
                                      :: 1 ::



           IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                               BENCH AT AURANGABAD


               CRIMINAL APPLICATION NO.873 OF 2021 IN
                   CRIMINAL APPEAL NO.192 OF 2021


 Atul Vikram Waghmare                            ... APPLICANT
          VERSUS
 The State of Maharashtra                        ... RESPONDENT


                              .......
 Ms Suvarna M. Zavare, Advocate for applicant
 Mr. S.N. Morampalle, A.P.P. for respondent - State
                              .......

                                       CORAM :   R. G. AVACHAT, J.

                                       DATE :    29th JUNE, 2021

 PER COURT :

                  Heard learned counsel for the applicant and

 learned A.P.P. for the respondent - State.                   Perused the

 evidence relied on and impugned judgment.


 2.               The applicant/ appellant has been convicted for

 the offence punishable under Sections 365 and 395 read with

 Section 34 of the Indian Penal Code. He has, therefore, been

 sentenced to suffer rigorous imprisonment for three years and

 and to pay fine of Rs.1000/-, in default to suffer R.I. for one

 month for the offence punishable under Section 365 of the

 Indian Penal Code and further sentenced to suffer rigorous




::: Uploaded on - 30/06/2021                     ::: Downloaded on - 01/07/2021 04:02:09 :::
                                                   Cri. Appln. No.873/2021
                                :: 2 ::


 imprisonment for seven years and to pay fine of Rs.1000/-, in

 default to suffer R.I. for six months for the offence punishable

 under Section 395 of the Indian Penal Code.                     Both the

 sentences have been directed to run concurrently.


 3.               As such, the maximum sentence the applicant/

 appellant is supposed to suffer is of seven years.                       The

 applicant/ appellant was an undertrial prisoner. So far he has

 been behind the bars for little over five years. The appeal is

 not likely to take its turn for final hearing in immediate future.

 I am, therefore, inclined to grant the application. Hence the

 order:-


                               ORDER

The application is allowed. Pending the appeal, the

substantive sentence imposed by the trial Court is suspended

and 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. Bail before the trial Court.

( R. G. AVACHAT ) JUDGE

fmp/-