Prafulla Krishna Bhandare And Ors vs State Of Maharashtra
2023 Latest Caselaw 4114 Bom

Citation : 2023 Latest Caselaw 4114 Bom
Judgement Date : 24 April, 2023

Bombay High Court

Prafulla Krishna Bhandare And Ors vs State Of Maharashtra on 24 April, 2023

Bench: Bharati Dangre

2023:BHC-AS:12545

                                                  1/2                   14 APEAL 476-23.doc


                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               CRIMINAL APPELLATE JURISDICTION
                               CRIMINAL APPEAL NO. 476 of 2023
                                           WITH
                            INTERIM APPLICATION NO. 1546 OF 2023
                                            IN
                              CRIMINAL APPEAL NO. 476 OF 2023


               Prafulla Krishna Bhandare and ors              .. Appellants
                                        Versus
               The State of Maharashtra                       .. Respondent
                                                        ...

               Mr.Nagesh Y. Chavan for the appellant/applicant.
               Ms.P.N. Dabholkar, APP for the State.

                                           CORAM: BHARATI DANGRE, J.

DATED : 24th APRIL 2023 P.C:-

Appeal No.476/2023.

1 Heard. Admit.

Call for Record and Proceedings.

The learned APP waives notice for respondent no.1.

IA No.1546/2023.

2 By the present Interim Application filed under Section 389 of Cr.P.C, the sentence imposed upon the appellants by the Sessions Judge in Sessions Case No.57/2013 is sought to

Tilak

2/2 14 APEAL 476-23.doc

be suspended. It is also informed that on 4/3/2023, the Sessions Judge has suspended the substantive sentence and released on the applicant on bail by furnishing sureties.

3 Considering the impugned judgment and the fact that the sentence imposed upon the accused persons on being convicted u/s, 143, 148, 149 along with Section 324 IPC and since the sentence imposed is of fixed term and minuscule in nature, in the wake of the decision of the Hon'ble Apex Court in Bhagwan Rama Shinde Gosai & Ors Vs. State of Gujarat, (1999) 4 SCC 421, I deem it appropriate to suspend the sentence and release the applicant on bail by continuing the order dated 4/3/2023 passed by the Sessions Judge.

( SMT. BHARATI DANGRE, J.)

Tilak