Sanjay S/O. Virendrakumar ... vs The State Of Maharashtra
2022 Latest Caselaw 12115 Bom

                                                                910.3.APPLN.242.2021.doc




          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     BENCH AT AURANGABAD

               CRIMINAL APPLICATION NO. 242 OF 2021
                                 IN
                  CRIMINAL APPEAL NO. 441 OF 2022

Sanjay Virendrakumar Agrawal                         ...Applicant

     Versus

The State of Maharashtra                             ...Respondent

                          ...
Mr. K.N. Shaikh, Advocate for Applicant.
Mr. S.P. Sonpawale, APP for the Respondent - State.
                          ...

                                          CORAM   : R.G. AVACHAT &
                                                    R.M. JOSHI, JJ

                                          DATE    : NOVEMBER 24, 2022.

PER COURT :

1.           This application is filed for suspension of

substantive          sentence       imposed   upon     the      Applicant            by

judgment and order dated 20th April, 2019 in Special

Case No. 41 of 2016.


2.           It is the contention of learned Advocate for

the Applicant that the Applicant is sentenced to suffer

10 years rigorous imprisonment and in connection with

the same crime co-accused are enlarged on bail after

their sentence have suspended by this Court. He also

pointed out that Applicant is in jail since last 6

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                                                                 910.3.APPLN.242.2021.doc




years and 11 months. Accused is sentenced to suffer 10

year rigorous imprisonment out of which more than 50%

period of sentence he has already undergone.


3.                In the circumstances, Applicant deserves to be

enlarged on bail by suspending substantive sentence. We

are, therefore, inclined to allow the application as

under:-

                                         O R D E R

(i) Criminal application is allowed in terms of prayer clause 'B'.

(ii) Pending the appeal, the substantive sentence of imprisonment imposed by the trial Court is suspended. The applicant be released on bail on his executing P.R. bond in the sum of Rs. 15,000/- (Rupees Fifteen Thousand) with one surety in the like amount.

(iii) Bail before the trial Court.

(R.M. JOSHI, J.) (R.G. AVACHAT, J.) Malani