Sadanand Sakharam Tharwal And Ors vs State Of Maharashtra
2022 Latest Caselaw 1387 Bom

                                                                           11. Ia-345-2022-in-Apeal-79-2022.doc




                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        CRIMINAL APPELLATE JURISDICTION

                                           INTERIM APPLICATION NO. 345 OF 2022
                                                           IN
                                              CRIMINAL APPEAL NO.79 OF 2022

                        1. Sadanand Sakharam Tharwal
                        2. Tatyasaheb Jagannath Mane                                  ...Applicants/
                        3. Sharad Sakharam Gambhirrao                                 Appellants
                                      Versus
                        State of Maharashtra                                          ...Respondent
                                                                    ....
                        Ms. Pravada Raut, Advocate for the Applicants/Appellants.

                        Mr. Ajay Patil, APP for the Respondent - State.

                                                 CORAM      :        PRAKASH D. NAIK, J.
                                                 DATE       :        9th FEBRUARY, 2022.

                        PER COURT:

                        1.                  This is an application for suspension of sentence

                        and grant of bail during the pendency of Criminal Appeal

                        No.79 of 2022. The applicants are convicted for the offences

                        under Section 353 r/w Section 34 of IPC and Section 332 r/w

                        Section 34 of IPC and sentenced to suffer imprisonment of

                        two years on each count with fine of Rs.50,000/- for each

                        offences.

                        2.                  Learned counsel for the applicant submitted that

                        the fine amount of Rs.50,000/- on each count has been
           Digitally

SAJAKALI
           signed by
           SAJAKALI
           LIYAKAT
                        deposited by the applicants before the trial Court.                             The
LIYAKAT    JAMADAR
JAMADAR    Date:
           2022.02.10
           18:39:03
           +0530


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                                                        11. Ia-345-2022-in-Apeal-79-2022.doc




applicants were on bail during the trial.                     On the date of

conviction the trial Court has suspended the sentence till the

period is over.

3.                 Considering   the    fact    that      the       sentence           of

imprisonment is for a period of two years which has been

suspended on the date of conviction by the trial Court,

application for suspension of sentence can be suspended.

4.                 Hence, I pass the following order:

                                   ORDER

i. Interim Application No. 345 of 2022 is allowed;

ii. During the pendency of Criminal Appeal No .79 of

2022, the sentence of imprisonment imposed vide

Judgment and order dated 10th December, 2021 passed

by learned Additional Sessions Judge, Kalyan in Sessions

Case No.458 of 2019 is suspended and the applicants are

directed to be released on bail on executing P.R. Bond in

the sum of Rs.15,000/- each with one or more sureties in

the like amount;

iii. The applicants are permitted to furnish cash bail

in the sum of Rs.15,000/- for a period of eight weeks in

lieu of surety;

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11. Ia-345-2022-in-Apeal-79-2022.doc

iv. The applicants shall attend the trial Court once in

six months on first Saturday of the month till the final

disposal of the appeal;

v. In the event, there are two consecutive default in

attending the trial Court, the said fact may be brought to

the notice of this Court and in such eventuality, the

prosecution will be at liberty to prefer an application for

cancellation of bail;

vi. Interim Application stands disposed of

accordingly.

                                           (PRAKASH D. NAIK, J.)




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