Balaji Munjaji Shinde And Others vs The State Of Maharashtra
2023 Latest Caselaw 3839 Bom

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    IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                 BENCH AT AURANGABAD

             1 CRIMINAL APPLICATION NO.1562 OF 2023
                       IN APEAL/353/2023

1. Balaji Munjaji Shinde (A-5)

2. Navnath Dattabuwa Bharti (A-7)

3. Balgir Khushalgir Giri (A-8)                            ...Applicants

                     VERSUS

The State of Maharashtra                                   ...Respondent

                                ...
    Advocate for the applicants : Dr. Nandedkar Sahebrao G.
           APP for Respondent-State : Ms. R.P.Gaur
                                ...

                                 WITH

              CRIMINAL APPLICATION NO.1563 OF 2023
                       IN APEAL/354/2023

1. Shrikant Laxmikant Pathak

2. Sandeep Ramchandra Chapanwar
   (Chaparwal)

3. Bhayya @ Purushottam Ramji Sharma                       ...Applicants

                    VERSUS

The State of Maharashtra                                   ...Respondent

                                   ...
            Advocate for the applicants : Mr. Suraj R. Bagal
               APP for Respondent-State : Ms.R.P.Gaur
                                   ...




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                                 CORAM : R. G. AVACHAT, J.

                                  DATE    : 18.04.2023.

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.




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3.              Believing on the submissions made by the learned

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

4 Cri.Appln 1562.23 production

surety each in the like amount.

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/