Bombay High Court
Bhaskar Bhikaji Nagare And ... vs The State Of Maharashtra on 27 May, 2021
Bench: R. G. Avachat
1 908(b)-Cr-Appln-913-2021.doc
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 913 OF 2021
IN
CRIMINAL APPEAL NO. 206 OF 2021
1. Bhaskar s/o Bhikaji Nagare
2. Chandrakala w/o Bhaskar Nagare ... Applicants
Versus
The State of Maharashtra ... Respondent
....
Mr. N. S. Ghanekar, Advocate for the applicants
Mr. S. W. Munde, APP for the respondent-State
Mr. B. S. Shinde, Advocate for the intervener
....
CORAM : R. G. AVACHAT, J.
(VACATION COURT)
DATED : 27th MAY, 2021
PER COURT :-
. This is an application for suspension of the execution of
substantive sentence passed vide judgment and order dated
15.03.2021, by the learned Additional Sessions Judge, Aurangabad
in Sessions Case No.308/2018.
2. The applicants have been convicted for the offences
punishable under Section 498-A and 306 of the Indian Penal Code
(I.P.C.) and sentenced to suffer rigorous imprisonment for three
years and pay fine of Rs.5,000/-, in default of payment, to suffer
simple imprisonment for one month. The applicants have also been
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convicted for the offence punishable under Section 306 of the I.P.C.
and sentenced to suffer rigorous imprisonment for seven years and
to pay fine of Rs.10,000/-, in default of payment, to suffer simple
imprisonment for two months.
Substantive sentences of imprisonment are to run
concurrently.
3. Heard.
The learned APP and the learned Advocate for the
intervener strongly opposed to grant stay to the execution of the
sentences. They would submit that the trial Court has observed that
the applicants have made demand of Rs.50,000/- (Rupees Fifty
Thousand) for construction of home. They would, therefore submit
that there is evidence indicating the applicants to have ill treated
their daughter-in-law and thus, compelled her to commit suicide.
4. Perused the impugned judgment and the evidence relied
upon. The applicants are the parents-in-law of the deceased. Both of
them are more than 50 years of age. Both the applicants were on bail
pending the trial. It will take time for the appeal to come up for
hearing. It is therefore desirable to grant the application. Hence, the
following order:-
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ORDER
(i) The application is allowed in terms of prayer clause
[B].
(ii) Pending the appeal, the substantive sentence imposed
by the trial Court is suspended. The applicants be
released on bail on their executing P. R. bond in the
sum of Rs. 15,000/- (Rupees Fifteen Thousand) each
with surety bond each of the like amount.
(iii) Bail before the trial Court.
[ R. G. AVACHAT, J. ]
SMS
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