Suresh Ramu Pawar And Ors vs State Of Maharashtra
2022 Latest Caselaw 12895 Bom

                                                            1 of 3                  02-ia-4029-22


                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        CRIMINAL APPELLATE JURISDICTION

                                     INTERIM APPLICATION NO. 4029 OF 2022
                                                      IN
                                       CRIMINAL APPEAL NO. 1165 OF 2022

                       Suresh Ramu Pawar & Ors.                               ..Applicants
                            Versus
                       The State of Maharashtra                               ..Respondent

                                                    __________
                       Mr. Rohit P. Karhadkar for Applicants.
                       Mr. S. R. Agarkar, APP for State/Respondent No.1.
                                                    __________

                                                 CORAM : SARANG V. KOTWAL, J.
                                                 DATE : 12th DECEMBER 2022
                       PC :

                       1.           Leave to amend is granted to delete name of the

                       Appellant No.3 as he was already deceased; even during trial.


                       2.           The Applicant No.4 shall be described as Applicant No.3.

                       Amendment shall be carried out forthwith.


                       3.           This is an application for bail pending final disposal of

                       Criminal Appeal No.1165 of 2022. The Applicants were the

                       original accused No.1, 2 and 4 in Sessions Case No.94 of 2017.

                       The Applicants were convicted and sentenced by learned
          Digitally
          signed by
          VINOD
VINOD     BHASKAR
BHASKAR   GOKHALE
GOKHALE   Date:
          2022.12.13
          12:26:13
          +0530         Gokhale
                                       2 of 3              02-ia-4029-22


Additional Sessions Judge, Nashik vide his Judgment and order

dated 28/09/2022 in S.C.No.94 of 2017 for commission of

offences punishable under sections 353, 332 and 323 of I.P.C.

Major punishment imposed on them was R.I. for one year each;

besides imposition of fine.


4.        Learned counsel for the Applicants submitted that the

sentence is short and the Appeal is not likely to be decided within

that period. He submitted that, there are no independent eye

witnesses and there is inconsistency in the statements of the eye

witnesses.


5.        Learned APP opposed this application, however, he

conceded that the sentence is short.


6.        Considering these submissions, the applicants can be

granted bail on certain conditions.


7.        Hence, the following order:


                                         ORDER

i) During pendency and final disposal of Criminal 3 of 3 02-ia-4029-22

Appeal No.1165 of 2022, the Applicants are

directed to be released on their furnishing P. R.

bonds in the sum of Rs.30000/- each with one or

two sureties each in the like amount.

ii) The Applicants shall attend the concerned police

station once in a month for a period of one year

from today.

iii)The Application is disposed of.

(SARANG V. KOTWAL, J.)