Aakash Siddheshwar Dhengale And ... vs The State Of Maharashtra
2021 Latest Caselaw 4131 Bom

               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD

                        CRIMINAL APPEAL NO.113 OF 2021
                                    WITH
                     CRIMINAL APPLICATION NO.593 OF 2021
                                     IN
                       CRIMINAL APPEAL NO.113 OF 2021

1.     Akash s/o Siddheswar Dhengale,
       Age : 21 years, Occu. Agri.,

2.     Vijay s/o Madhukar Surung,
       Age : 26 years, Occu. Agri.,

       Both R/o Walkhed, Tal. Partur,                         APPELLANTS/
       District Jalna                                         APPLICANTS

       VERSUS

The State of Maharashtra,
through P.I., Partur Police Station,
District Jalna                                                RESPONDENT

                                      ----
Mr. P.A. Bhosale, Advocate for the appellants/applicants
Smt. R.P. Gaur, A.P.P. for the respondent/State
                                      ----

                                    CORAM :    MANGESH S. PATIL, J.

DATE : 05.03.2021

PER COURT :

Heard.

2. Admit the appeal. Call R & P. The learned A.P.P. waives service

of notice.

2 CRIAPL113-2021

3. The appellants/applicants have been sentenced to suffer rigorous

imprisonment maximum of five years. They have deposited the fine amount.

There are no exceptional circumstances not to suspend the sentence when

they were already on bail during trial. One can place reliance on the decision

of the Supreme Court in the case of Bhagwan Rama Shinde Gosai Vs. State of

Gujarat and others; AIR 1999 SC 1859.

4. The substantive sentence imposed on the appellants/applicants

by the impugned judgment and order shall stand suspended during pendency

of Criminal Appeal No.113/2021. The appellants/applicants be released on

same bail with fresh bonds to be executed before the Trial Court.

5. Criminal Application No.593/2021 stands disposed of.

                                              [MANGESH S. PATIL]
                                                  JUDGE



npj/CRIAPL113-2021





                                3                   CRIAPL113-2021