Bombay High Court
Ramesh @ Shyam Pandharinath ... vs The State Of Mah. Thr. Pso Allipur ... on 22 August, 2022
Bench: Manish Pitale, G. A. Sanap
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPEAL NO.542 OF 2022
Ramesh @ Shyam Pandharinath Gawande and another
VS.
The State of Maharashtra, through PSO, PS, Allipur Tah. Hinganghat Dist. Wardha
Office Notes, Office Court's or Judge's orders
Memoranda of Coram,
Appearances, court's orders
or directions and
Registrar's orders
Mr. Amit Choubey Advocate for the applicants/appellant.
Mr. M.J. Khan, APP for non-applicant/State.
CORAM : MANISH PITALE AND
G.A. SANAP, J.J.
DATE : 22.08.2022
1.
Heard learned counsel for the applicants.
2. By this appeal, the appellants have challenged
the judgment and order dated 25.07.2022 passed by
Sessions Court at Hinganghat, District Wardha whereby
the appellant No.1 has been convicted for the offence
under Section 302 and sentenced to suffer rigorous
imprisonment for life, while appellant No.2 is convicted
only for offence under Section 324 of the Indian Penal
Code and sentenced to suffer rigorous imprisonment for
one month.
3. Admit.
4. Call R. and P.
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CRIMINAL APPLICATION NO.693 OF 2022
1. By this application, applicants/appellants are
seeking suspension of sentence and releasing them on
bail. Insofar as the applicant No.1 is concerned, he has
been convicted under Section 302 of the Indian Penal
Code and sentenced to suffer life imprisonment, but the
applicant No.2 has been convicted only under Section 324
of the Indian Penal Code and sentenced to suffer rigorous
imprisonment for one month.
2. Insofar, as the applicant No.2 is concerned, we
are informed that her sentence is already suspended till
tomorrow by the concerned Court.
3. It is also pointed out that applicant No.2 is 70
years old lady and in the interest of justice, this Court may
consider suspending the sentence and granting her bail,
during the pendency of appeal.
4. In view of the above, issue notice on this
application insofar as applicant No.1 is concerned,
returnable in three weeks.
5. Mr. M.J. Khan, learned APP waives service of
notice for non-applicant/State.
6. In view of peculiar circumstances and
considering the age of the applicant No.2, as also the fact
that she has been sentenced to suffer imprisonment only
for period of one year, we are inclined to partly allow this
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application at this stage itself insofar as applicant No.2 is
concerned.
7. In view of above, the sentence insofar as
applicant No.2 is concerned, is suspended and she is
directed to be released on bail on furnishing P.R. bond of
Rs.10,000/- (Rs. Ten Thousand Only) and surety in the
like amount to the satisfaction of the trial Court.
JUDGE JUDGE
Manisha
Signed By:MANISHA ALOK
SHEWALE
Signing Date:22.08.2022 17:18
