Vishnu S/O Devidas Rathod vs State Of Maharashtra, Thr. Pso, ...
2022 Latest Caselaw 5945 Bom

                                                             1           34.APPA.431-22 WITH APEAL.309-22.odt




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

                CRIMINAL APPLICATION (APPA) NO. 431 OF 2022
                                  WITH
                     CRIMINAL APPEAL NO. 309 OF 2022
                                    ( Vishnu S/o Devidas Rathod
                                                 Vs.
                                        State of Maharashtra )

Office Notes, Office Memoranda                          Court's or Judge's orders
of Coram, Appearances, Court's
orders     or    directions and
Registrar's orders


                                  Mr. A.S. Ambatkar, Advocate for the Appellant.
                                  Mr. S.M. Ghodeswar, A.P.P. for the Respondent/State.



                                  CORAM:        AVINASH G. GHAROTE, J.

DATED : 27th JUNE, 2022.

CRIMINAL APPLICATION (APPA) NO. 431 OF 2022

Heard Mr. Ambatkar, learned counsel for the applicant/appellant, who submits, that the case of the applicant/appellant is identical to that of Naresh Alias Narendra Kawadidas Chavhan who has also been convicted by the impugned judgment and by the order dated 20.12.2021 passed in Criminal Application (APPA) No. 667/2021 in Criminal Appeal No. 495/2021, his sentence has been suspended and he has been enlarged on bail. Mr. Ghodeswar, learned APP does not dispute, that the role of the applicant/appellant is similar to that of Naresh Alias Narendra Kawadidas Chavhan, considering which, the reasons which have prevailed upon the Court to suspend sentence and enlarge the 2 34.APPA.431-22 WITH APEAL.309-22.odt

applicant/appellant on bail in Criminal Application (APPA) No. 667/2021 in Criminal Appeal No. 495/2021 and in Criminal Application (APPA) No. 79/2022 in Criminal Appeal No. 51/2022 would equally apply to the present applicant/appellant, considering which, the application is allowed.

2. The substantive sentence imposed upon the applicant/appellant is hereby suspended and the applicant/appellant be released on bail on his furnishing a P.R. Bond in the sum of Rs. 25,000/- with two solvent sureties in the like amount. Bail before the trial Court.

CRIMINAL APPEAL NO. 309 OF 2022

The appeal be heard alongwith Criminal Appeal No. 495/2021 and Criminal Appeal No. 51/2022, as they arise out of a common judgment.

JUDGE

SD. Bhimte

Signed By:SHRIKANT DAMODHAR BHIMTE

Signing Date:27.06.2022 18:01