Nagesh Prakash Ingale And Ors vs The State Of Maharashtra
2022 Latest Caselaw 4659 Bom

                      rpa                           1/3                  7ia1401of2022.doc


                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CRIMINAL APPELLATE JURISDICTION


                                   INTERIM APPLICATION NO.1401 OF 2022
                                                   IN
                                     CRIMINAL APPEAL NO.458 OF 2022


                      1)    Nagesh Prakash Ingale;       ]
                      2)    Jay David Gudshellu;         ]
                      3)    Anil Narayan Ghatkamble; and ]
                      4)    Vicky Kumar Gaikwad          ]       .. Applicants/Appellants
                            Versus
                      State of Maharashtra and Anr.      ]       .. Respondents

                                                      ......
                      Mr.Ujwal Agandsurve, Advocate for the Applicants/Appellants.
                      Mr.A.R. Kapadnis, APP for the Respondent - State.
                                                      ......
                                                    CORAM :     PRAKASH D. NAIK, J.

                                                    DATED :      MAY 02, 2022.

                      P.C. :

                                  This is an application for suspension of sentence and

                      grant of bail during pendency of Appeal challenging the judgment of
         Digitally
         signed by

                      conviction. Applicants were convicted vide judgment and order dated
         RAJESHRI
RAJESHRI PRAKASH
PRAKASH AHER
AHER     Date:
         2022.05.04
         17:14:33

                      11th March, 2022, by Additional Sessions Judge, Solapur, for the
         +0530




                      offence punishable under Section 324 read with 34 of IPC, and,

                      sentenced to suffer rigorous imprisonment for two years each and fne

                      of Rs.1,000/-, each. They were also convicted for the offence

                      punishable under Section 323 of IPC, and, sentenced to suffer

                      imprisonment for six months each and to pay fne of Rs.500/-, each.
 rpa                                2/3                     7ia1401of2022.doc


2               The fne amount has been deposited before the trial

Court. The applicant/appellants were on bail during the trial. The

sentence of imprisonment has been suspended by the trial Court in

accordance with Section 389 of Cr.P.C., till the Appeal period is over.


3               Considering     the      aforesaid   circumstances,       more

particularly, the fact that the sentence is of short term, this

application may be allowed.


4               Hence, I pass the following order:


                                :: O R D E R ::

(i) Interim Application No.1401 of 2022, is allowed;

(ii) The sentence of imprisonment imposed by the Additional

Sessions Judge, Solapur, vide Judgment and order dated

11th March, 2022, in Sessions Case No.64 of 2013, 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;

(iii) Applicants/appellants are permitted to furnish cash bail

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

lieu of surety;

rpa 3/3 7ia1401of2022.doc

(iv) Applicants/appellants shall attend the trial Court once in

six months on frst Saturday of the month, till disposal of

Appeal;

(v) In the event of two consecutive defaults in attending the

trial Court, the said fact may be brought to the notice of this

Court, and, in such eventuality, the prosecution is at liberty

to move an application for cancellation of bail;

(vi) Interim Application No.1401 of 2022, stands disposed of

accordingly.

(PRAKASH D. NAIK, J.)