Somnath S/O. Rohidas Rathod And ... vs The State Of Maharashtra
2022 Latest Caselaw 13451 Bom

                                                        Cri.Appeal No.67/2018
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           IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                               BENCH AT AURANGABAD


                      CRIMINAL APPEAL NO.67 OF 2018


 Somnath s/o Rohidas Rathod & ors.                   ... APPELLANTS

          VERSUS

 The State of Maharashtra & anr.                     ... RESPONDENTS

                              .......
 Mr. P.P. More, Advocate appellant
 Mr. S.P. Deshmukh, A.P.P. for respondent No.1 - State
                              .......

                                  CORAM :       R. G. AVACHAT, AND
                                                R. M. JOSHI, JJ.

                                  DATE   :      22nd DECEMBER, 2022.

 PER COURT :


                  Learned counsel for the appellants states that, the

 appellants are in jail after the judgment passed by the

 Sessions Court, for five and half years and prior thereto, they

 were undertrial prisoners for a period of 16 months. Learned

 counsel submits that, the appellants are convicted for the

 offences punishable under Sections 307 of the Indian Penal

 Code with one stone injury caused on the forehead of the

 victim.


 2.               Due to paucity of time, we are unable to take up

 this appeal for hearing and hence, we have considered the




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                                                             Cri.Appeal No.67/2018
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 prayer for suspension of sentence, though the same is

 opposed by learned A.P.P.


 3.               In view of the fact that the appellants are in jial

 for a period of more than six and half years in all, we are

 inclined to suspend the sentence pending the appeal. Hence

 the order :


                                    ORDER

(i) Pending the appeal, the substantive sentences of

imprisonment imposed against the appellants by learned

Additional Sessions Judge-6, Aurangabad by judgment and

order dated 17/1/2018, passed in Sessions Case No.361/2014

to stand suspended and the appellants be released on bail on

their executing P.R. bond in the sum of Rs.15,000/- (Rupees

fifteen thousand) each with one surety in the like amount.

4. The appeal be listed for hearing on 27th January

2023.

          ( R.M. JOSHI, J. )                       ( R. G. AVACHAT, J. )




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