Dinesh Gangaram Tambe And Ors vs The State Of Maharashtra
2022 Latest Caselaw 6734 Bom

                                                                    45-IA-2249-2022.doc




                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      CRIMINAL APPELLATE JURISDICTION
               CRIMINAL INTERIM APPLICATION NO. 2249 OF 2022
 Dinesh Gangaram Tambe And Ors.                             ...Applicants
       Versus
 The State Of Maharashtra                                   ...Respondent
                                           ....
 Ms. Sneha Govind Sanap a/w Mr. Prashant Raul & Mr. Mayur Govind
 Sanap i/by Mr. Aditya Targe, Advocate for the Applicant.
 Mr. Arfan Sait, APP for the Respondent - State.

                                 CORAM        :     PRAKASH D. NAIK, J.
                                 DATE         :     15th JULY, 2022.
 PER COURT:

 1.            This is an application for suspension of sentence and grant of

 bail during the pendency of Criminal Revision Application No.283

 of 2022, challenging the Judgment and order dated 22nd March,

 2012, passed by the learned J.M.F.C. Mangaon convicting the

 applicants for offences under Sections 452, 325, 323, 506 and 427

 r/w 34 of Indian Penal Code as well as the Judgment and order

 passed by the learned Additional Sessions Judge, Mangaon, Dist.

 Raigad on 2nd July, 2022 dismissing the appeal.

 2.            Learned Advocate for the applicant submitted that the

 applicants are taken in custody on 2 nd July, 2022. The applicants

 were on bail during the trial. They have not misused the facility of

 bail. The sentence is of short term.             The maximum sentence is



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 imposed by the Court while convicting the applicants for a period

 of one year. There are contradictions in the evidence of the

 witnesses.

 3.            Learned APP submitted that there are two concurrent

 findings of the Courts below convicting the appellants.

 4.            Considering these submissions learned counsel for the

 applicants the sentence of imprisonment can be suspended. The

 applicants are in custody from 2nd July, 2022, hence bail can be

 granted.

                                      ORDER

i. Interim Application No.2249 of 2022 is allowed.

ii. The sentence of imprisonment imposed vide Judgment and

order dated 22nd March, 2012 in the case of R.C.C. No.75 of 2009

and confirmed by the Sessions Court vide Judgment and order

dated 2nd July, 2022 passed in Criminal Appeal No.17 of 2012 is

suspended and the applicants are directed to be released on bail on

executing P.R. Bond in the sum of Rs.20,000/- each with one or

more sureties in the like amount;

ii. The applicant is permitted to furnish cash bail in the sum of

Rs.20,000/- each for a period of eight weeks in lieu of surety.

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                                                                    45-IA-2249-2022.doc




 iii.          The applicants shall report trial Court once in three months

on first Saturday of the month between 11:00 a.m. to 1:00 p.m. till

final disposal of the revision application.

                                                   (PRAKASH D. NAIK, J.)




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