Shripat Sumarsingh Atkum And 2 ... vs State Of Mah. Thr. Pso Khapa ...
2022 Latest Caselaw 6896 Bom

                                                                                              (1)                                                  apeal446.22.7




                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      NAGPUR BENCH : NAGPUR

                     CRIMINAL APPEAL NO.446/2022
 Shripat Sumarsingh Atkum and 2 Ors. .Vs. The State of Maharashtra through
                  PSO P.S.Khapa, Tq.Saoner, Dist. Nagpur.
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Office Notes, Office Memoranda of Coram,                                                                     Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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                                               Mr. F. F. Shaikh, Advocate for appellants.
                                               Mr. N. S. Rao, A.P.P. for respondent-State.

                                                             CORAM :                     AVINASH G. GHAROTE, J.

DATE : 19.07.2022

Heard Mr. Shaikh, learned counsel for applicants and Mr. Rao, learned A.P.P. for non applicant-State.

2. Admit. Call for the record and proceedings.

3. Learned A.P.P. waives notice for respondent-State.

Criminal Application (APPA) No.560/2022 Heard.

2. The present application seeks suspension of sentence and grant of bail. The applicants have been convicted by learned Additional Sessions Judge-14, Nagpur in Sessions Trial No.446/2021, for the offence punishable under Section 304-II read with Section 34 of the Indian Penal Code and sentenced them to suffer rigorous imprisonment for 4 years and to pay a fine of Rs.1,000/-. In default of payment of fine, they were further directed to suffer rigorous imprisonment for 30 days.

(2) apeal446.22.7

3. Mr. Shaikh, learned counsel for applicants, makes a statement that during the course of trial, the applicants were on bail.

4. Considering the quantum of sentence, though it is opposed by the learned A.P.P. for non applicant-State, who waives notice on behalf of the non applicant, the application is allowed.

5. The sentence imposed upon the applicants by learned Additional Session Judge-14, Nagpur vide judgment and order dated 06.05.2022 in Sessions Trial No.446/2021, shall remain suspended during the pendency of the present appeal.

6. Applicant no.1-Shripat Sumarsingh Atkum, applicant no.2-Ramji Iteram Dhurve and applicant no.3- Nandkumar Sumarlal Tekam shall be released on bail on their executing P.R. Bond in the sum of Rs.25,000/- each with one solvent surety each in the like amount.

The application is disposed of.

JUDGE

kahale

Digitally signed byYOGESH ARVIND KAHALE Signing Date:19.07.2022 18:34