Dipak Suresh Bhalshankar vs The State Of Maharashtra
2023 Latest Caselaw 3358 Bom

                                                            Cri.Appln.No.1169/2023
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            IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                               BENCH AT AURANGABAD


               CRIMINAL APPLICATION NO.1169 OF 2023 IN
                   CRIMINAL APPEAL NO.268 OF 2023


 Dipak s/o Suresh Bhalshankar                          ... APPLICANT

          VERSUS

 The State of Maharashtra                              ... RESPONDENT

                                .......
 Mr. Shaikh Mohammad Naseer A., Advocate for applicant
 Ms. R.P. Gaur, A.P.P. for respondent
                                .......

                                 CORAM :          R.G. AVACHAT, J.

                                 DATE      :      3rd APRIL, 2023
 PER COURT :



                  Heard. Issue notice to respondent. Learned A.P.P.

 waives service for the respondent.



 2.               The applicant has been convicted for the offence

 punishable under Section 498-A and Section306 of the Indian

 Penal Code and sentenced to suffer rigorous imprisonment for

 three years and five years respectively and fine with default

 stipulation. Both the substantive sentences have been directed

 to run concurrently. The appeal filed by the applicant has been

 admitted by this Court.           Since it being a short term sentence




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                                                            Cri.Appln.No.1169/2023
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 and the appeal is not likely to be heard in near future, the Court

 is inclined to suspend the sentence of imprisonment during the

 pendency of appeal. Hence the order :



                                    ORDER

(i) The Criminal Application is allowed.

(ii) Pending the appeal, the execution of substantive

sentences of imprisonment imposed upon the applicant by

learned Additional Sessions Judge, Bhusawal by judgment and

order dated 14/3/2023 passed in Sessions Case No.54/2018 to

stand suspended and 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.

(R.G. AVACHAT, J.)

fmp/-