Aakash Balaso Kamthe And Anr vs State Of Maharashtra
2022 Latest Caselaw 11297 Bom

                                                      1/3           04-IA-3677-22-IN-APEAL-1088-22.odt

                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                            CRIMINAL APPELLATE JURISDICTION

                                            INTERIM APPLICATION NO.3677 OF 2022
                                                            IN
                                              CRIMINAL APPEAL NO.1088 OF 2022

                           Aakash Balaso Kamthe & Anr.                        .... Applicants

                                        versus

                           State of Maharashtra                               .... Respondent
                                                            .......

                           •       Mr. Viresh V. Purwant, Advocate for Applicants.
                           •       Ms. Rutuja Ambekar, APP for the State/Respondent.

                                                     CORAM      : SARANG V. KOTWAL, J.
                                                     DATE       : 07th NOVEMBER, 2022
                                                                  (VACATION COURT)

                           P.C. :


                           1.              The Applicants were convicted by the Additional

                                Sessions Judge, Satara, vide Judgment and Order dated

                                06/10/2022 passed in Sessions Case No.134 of 2019. The

                                Applicants were convicted for commission of offence punishable

                                u/s 353 r/w 34 and u/s 323 r/w 34 of the Indian Penal Code.
          Digitally
          signed by
          MANUSHREE


                                The major sentence imposed on the Applicants was for one year
MANUSHREE V
V         NESARIKAR
NESARIKAR Date:
          2022.11.07
          12:53:12
          +0530



                                each.


                       Nesarikar
                              2/3            04-IA-3677-22-IN-APEAL-1088-22.odt




2.            Heard Mr. Viresh V. Purwant, learned counsel for the

     Applicants and Ms. Rutuja Ambekar, learned APP for the State.



3.            Learned counsel for the Applicants states that even

     after their conviction both of them were granted bail u/s 389 of

     Cr.P.C. During trial also they were granted bail and they have not

     misused that liberty.



4.             I have perused the evidence of the victim. Since the

     sentence imposed is only of one year and the Appeal is not likely

     to be decided during that period, the Applicants can be released

     on bail during pendency of their Appeal.



5.            Hence, the following order :



                                   ORDER

(i) During pendency and final disposal of the Criminal Appeal No.1088 of 2022, the 3/3 04-IA-3677-22-IN-APEAL-1088-22.odt

Applicants are directed to be released on bail on their furnishing P.R. bond in the sum of Rs.30,000/- (Rupees Thirty Thousand only), each, with one or two sureties each, in the like amount.

(ii) Interim Application stands disposed of accordingly.

(SARANG V. KOTWAL, J.)