Bombay High Court
Ushadevi @ Usharani W/O. ... vs The State Of Maharashtra And ... on 4 May, 2022
Bench: V.K. Jadhav, Sandipkumar Chandrabhan More
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
940 CRIMINAL APPLICATION NO. 1470 OF 2022
IN APEAL/325/2022
1. USHADEVI @ USHARANI W/O ABHAYSINGH RATHI
2. NIRAJ W/O PARAMJIT RATHI
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER
.....
Advocate for Applicants : Mr. Narayan B. Narwade
APP for Respondent-State : Mrs. P. V. Diggikar
.....
CORAM : V. K. JADHAV AND
SANDIPKUMAR. C. MORE, JJ.
DATED : 04th MAY, 2022
PER COURT:-
1. Pending Criminal Appeal No. 325 of 2022 preferred against the
judgment and order of conviction dated 16.04.2022 passed by the
Additional Sessions Judge, Ahmednagar in Sessions Case No. 303 of
2014, convicting thereby the present to applicants and others for the
offence punishable under Section 307 r/w 34 of IPC, Section 324 r/w
34 of IPC and also under the provisions of the Protection of Children
from Sexual Offences Act, 2012, the applicants-original accused nos.
5 and 6 have filed the present application for suspension of the
sentence and for bail.
2. Learned counsel for the applicants submits that though the
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present applicants were tried in the said Sessions Case No. 303 of
2014 along with the other accused persons, however, by the judgment
and order of conviction dated 16.04.2022, the learned Additional
Sessions Judge, Ahmednagar has convicted the applicants-original
accused nos. 5 and 6 for the offence punishable under Section 307
r/w 34 of IPC and sentenced them to suffer rigorous imprisonment for
three years and to pay fine of Rs.3,000/- each, in default, to suffer
rigorous imprisonment for three months each. The learned Additional
Sessions Judge, Ahmednagar has further convicted the present
applicants for the offence punishable under Section 324 r/w 34 of IPC
and sentenced them to suffer rigorous imprisonment for one year and
to pay fine of Rs.1,000/- each, in default to suffer rigorous
imprisonment for one month each.
3. Learned counsel further submits that on 16.04.2022 itself, the
applicants-original accused nos. 5 and 6 have filed application Exhibit
239 before the trial court for bail and accordingly, by order dated
16.04.2022 passed below Exhibit 239, the trial court has suspended
the sentence as against the applicants-original accused nos. 5 and 6
till 13.05.2022 to file appeal subject to furnishing of Personal Bond
and Surety Bond of Rs.15,000/-. Learned counsel submits that the
applicants-original accused nos. 5 and 6 were on bail during trial.
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4. Learned APP submits that appropriate order may be passed.
5. Thus, considering the conviction and sentence passed against
the applicants-original accused nos. 5 and 6 and since they were on
bail during trial, we proceed to pass the following order:
ORDER
I. The Criminal Application is hereby allowed.
II. The substantive part of the sentence passed by the Additional
Sessions Judge, Ahmednagar on 16.04.2022 in Sessions Case No. 303
of 2014 stands suspended till disposal of Criminal Appeal No. 325 of
2022 and till then the applicants (1) USHADEVI @ USHARANI W/O
ABHAYSINGH RATHI (original accused no.5) and (2) NIRAJ W/O
PARAMJIT RATHI (original accused no.6) be released on bail on
furnishing P.B. of Rs.15,000/- each with one surety each of the like
amount. Bail before the lower court.
III. The Criminal Application is accordingly disposed off.
(SANDIPKUMAR C. MORE, J.) (V. K. JADHAV, J.)
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