Bombay High Court
Subhash Vitthalrao Shinde vs The State Of Maharashtra on 17 April, 2023
Bench: R. G. Avachat
1 Cri.Appln 1529.23 production
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 1529 OF 2023
IN CRIMINAL APPEAL NO. 343 OF 2023
1. Mahesh s/o Prakash Khedkar,
2. Anusayabai w/o Prakash Khedkar ...Applicants
Versus
The State of Maharashtra ...Respondent
...
Advocate for the applicants : Mr. Gangakhedkar Shailendra S.
APP for the Respondent-State : Mr. A.S. Shinde
...
WITH
CRIMINAL APPLICATION NO.1530 OF 2023
IN CRIMINAL APPEAL NO. 344 OF 2023
Deelip s/o Gopalsingh Thakur ...Applicant
Versus
The State of Maharashtra ...Respondent
...
Advocate for the applicant : Mr.Shete Gajanan Shankarrao
APP for the Respondent-State : Mr. A.S. Shinde
...
WITH
CRIMINAL APPLICATION NO. 1541 OF 2023
IN CRIMINAL APPEAL NO. 345 OF 2023
1. Datta s/o Bhujaji Kokate (A-9)
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2 Cri.Appln 1529.23 production
2. Narhari Tukaram Wagh (A-4)
3. Bhujang s/o Uttam Kawale (A-6)
4. Daulat s/o Nivrutti Pophle (A-10)
5. Shivaji s/o Tukaram Suryawanshi (A-12)
6. Vyankoba Balaram Yengde (A-16)
7. Manoj s/o Punamlal Yadav (A-19) ...Applicants
Versus
The State of Maharashtra ...Respondent
...
Advocate for the applicants : Dr. Nandedkar Sahebrao G.
APP for Respondent-State : Mr. A.S.Shinde
...
WITH
CRIMINAL APPLICATION NO. 1542 OF 2023
IN CRIMINAL APPEAL NO. 346 OF 2023
Bhujangrao s/o Vitthalrao Patil, ...Applicant
Versus
1. The State of Maharashtra
2. Maharashtra State Road Transport
Corporation, Through its Divisional
Controller, Nanded.
3. Andhra Pradesh/Telangana State Raod
Transport Corporation
4. Mohd. Salim Mohd. Yasin,
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3 Cri.Appln 1529.23 production
5. Manisha Sanjay Pawar ...Respondents
...
Advocate for the Applicants : Mr. Bagal Suraj R.
APP for the Resondent-State : Mr. A.S.Shinde
...
WITH
CRIMINAL APPLICATION NO. 1544 OF 2023
IN CRIMINAL APPEAL NO. 348 OF 2023
Manoj s/o Punamlal Ahir @ Yadav, ...Applicant
Versus
The State of Maharashtra ...Respondent
...
Advocate for the applicant : Mr. Gangakhedkar Shailendra S.
APP for the Respondent-State : Mr. A.S. Shinde
...
WITH
CRIMINAL APPLICATION NO. 1546 OF 2023
IN CRIMINAL APPEAL NO. 349 OF 2023
Subhash s/o Vitthalrao Shinde, ...Applicant
Versus
The State of Maharashtra ...Respondent
...
Advocate for the applicant : Mr.Ganagakhedkar Shilendra S.
APP for the Respondent -State : Mr. A.S. Shinde
...
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CORAM : R. G. AVACHAT, J.
DATE : 17.04.2023.
PER COURT :
1. It is informed by the learned Advocates appearing for
the applicants that the copies of the judgment of conviction
have not yet been supplied to any of the appellants/applicants.
It is also informed that only an operative order of conviction and
consequent sentence was passed on 11.04.2023 and the copies
thereof have been supplied only to four of the applicants.
2. Perusal of the order impugned herein indicates that
the applicants have been convicted for various offences and
consequently sentenced to certain terms of imprisonments. The
maximum term of imprisonment which the applicants are
supposed to undergo is 5 years. The applicants are in jail since
the date of impugned order i.e. from 11.04.2023. It is also
informed that the judgment of conviction has yet not been
uploaded.
3. Believing on the submissions made by the learned
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Advocates for the applicants, the applications deserve to be
allowed.
4. The learned APP has strong reservations for allowing
applications without affording an opportunity to him of being
heard, since neither the copies of the applications nor the
impugned order is supplied to him.
5. The learned APP may be justified in his contention.
However, the submissions made by the learned Advocates
appearing for the applicants lead this Court to allow all the
applications. Hence the order :
ORDER
(a) All the applications are allowed.
(b) Pending the appeals, the execution of substantive sentences of
imprisonment imposed upon the applicants by the learned Additional
Sessions Judge-1, Nanded, in Sessions Case No. 358 of 2019, by the
judgment and order dated 11.04.2023, to stand suspended. The
applicants be released on bail on their executing P.R. bond in the
sum of Rs.15,000/- (Rupees Fifteen Thousand) each, with one
surety each in the like amount.
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6. The Advocates for the applicants even urged for
suspension of the order of conviction. The same cannot be
decided at this stage, unless the entire evidence is gone through
and the learned APP is heard in that regard. The applicants are
at liberty to move such applications.
7. The parties to act upon the authenticated copy of
this order.
( R. G. AVACHAT )
JUDGE
mahajansb/
