Sarjerao Kisan Kale And Others vs The State Of Maharashtra
2022 Latest Caselaw 13452 Bom

                                                       Cri.Appeal No.218/2015
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           IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                               BENCH AT AURANGABAD


                     CRIMINAL APPEAL NO.218 OF 2015


 1. Laxman s/o Sarjerao Kale

 2. Phulabai w/o Sarjerao Kale                       ... APPELLANTS

          VERSUS

 The State of Maharashtra                            ... RESPONDENT

                              .......
 Mr. S.S. Jadhavar, Advocate for appellants
 Mr. S.P. Deshmukh, A.P.P. for respondent
                              .......


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

                                  DATE   :      22nd DECEMBER, 2022.

 PER COURT :


                     Learned counsel for the appellants insists for

 hearing of this appeal on the ground that the appeal pertains

 to the year 2015 and that the appellant Laxman Sarjerao Kale

 is behind the bars since last 11 years and the appellant

 Phulabai Sarjerao Kale, who is a lady, is lodged in jail for more

 than 5 years.



 2.               We are unable to take up this appeal for hearing

 on account of pendency of other Part Heard cases.                             The




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                                                         Cri.Appeal No.218/2015
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 present case is based on circumstantial evidence.                              The

 appellant Phulabai, who is lady, has undergone sentence for

 the period of not less than five and half years till date and she

 is presently aged about 65 years. In the circumstances, we

 are inclined to suspend her sentence of imprisonment in spite

 of objection raised by learned A.P.P. Hence the order :-


                                    ORDER

(i) Pending the appeal, the substantive sentence of

imprisonment imposed against the appellant Phulabai w/o

Sarjerao Kale, by learned Additional Sessions Judge-4,

Aurangabad by judgment and order dated 19/9/2014 passed

in Sessions Case No.375/2011 to stand suspended and the

appellant Phulabai w/o Sarjerao Kale be released on bail on

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

fifteen thousand) with one surety in the like amount.

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




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