Madhukar S/O Pandhari Diware And ... vs State Of Mha. Thr. Pso Ps Hiwarkhed ...
2022 Latest Caselaw 7794 Bom

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610.22.odt.,bail.odt




               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         NAGPUR BENCH : NAGPUR
                CRIMINAL APPLICATION NO.610 OF 2022 (APPA)
                                    IN
                      CRIMINAL APPEAL NO.476 OF 2022
                      Madhukar s/o Pandhari Diware and another
                                          VS.
   State of Maharashtra through its PSO, PS Jiwarkhed, Tah. Khamgaon Dist. Buldhana
Office     Notes,    Office                        Court's or Judge's orders
Memoranda of Coram,
Appearances, court's orders
or      directions     and
Registrar's orders
                              Shri J.B. Gandhi, learned Advocate for the appellants.
                              Shri A.M. Kadukar, learned APP for the respondent/State.


                                  CORAM :      G. A. SANAP, J.

DATE : 10.08.2022

1. The appellants have been convicted for the offences punishable under Sections 353, 332, 294 r/w 34 of the Indian Penal Code and separate term sentences have been awarded ranging from one month to one year on different counts. The sentences have been ordered to run concurrently.

2. In this application, it is stated that learned Judge of the trial Court had suspended the sentence and granted bail to the appellants from the date of the judgment and order. It is submitted that considering the quantum of sentence and nature of the offence, the substantive sentence awarded by learned trial Court may be suspended during pendency of the appeal.

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3. Shri A.M. Kadukar, learned APP has opposed the application without filing the reply. Learned APP submits that no case has been made out to grant bail to the appellants.

4. It is to be noted that the appeal against impugned judgment and order is as of right. The appeal therefore, would be required to be heard on merits.

5. Considering the nature of offence proved against the appellants and sentences awarded by learned trial Court, it would be just and proper to suspend the sentence. Accordingly the application is allowed. The substantive sentences awarded by the learned Judge on different counts, shall remain suspended during pendency of the appeal.

6. The appellants have already been released on bail. The surety and bail submitted by the appellants before the trial Court to continue during the pendency of this appeal.

7. The Criminal Application is disposed of accordingly.

                                                          (G.A. SANAP)
                                                             JUDGE
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            610.22.odt.,bail.odt



            manisha




Signed By:MANISHA ALOK
SHEWALE


Signing Date:10.08.2022 17:25