Dildar Dawood Aainarkar And Anr vs State Of Maharashtra
2023 Latest Caselaw 8499 Bom

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     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION
               CRIMINAL APPEAL NO. 906 OF 2023
                            WITH
             INTERIM APPLICATION NO. 2904 OF 2023
                             IN
               CRIMINAL APPEAL NO. 906 OF 2023
                            WITH
             INTERIM APPLICATION NO. 2905 OF 2023
                             IN
               CRIMINAL APPEAL NO. 906 OF 2023


Dildar Dawood Aainarkar and anr                  .. Appellants
                            Versus
State of Maharashtra                             .. Respondent
                                           ...

Ms. Afreen Shaikh for the appellant.
Mr.S.H. Yadav, APP for the State.

                            CORAM: BHARATI DANGRE, J.

DATED : 21st AUGUST, 2023 P.C:-

Appeal No. 906/2023

1                 Admit. Call for R & P.

2                 Learned APP waive notice for the State.




Tilak





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IA No. 2905/2023

3                 By the present application, the two applicants seek

suspension of sentence imposed upon them as they stand convicted under the impugned judgments, passed by the Sessions Court, Khed in Sessions Case No. 76/2019 on 4/7/2023.

4 Heard learned counsel for the applicant and perused the impugned judgment.

The Appellants faced the charge u/s.354, 332, 427, 504, 506 r/w Section 34 of the IPC and on undergoing the trial, they are convicted for committing offence punishable u/s.353, 504 of the IPC. Upon conviction, it is directed that both the accused shall undergo Simple Imprisonment for three months on each count.

The impugned judgment also issued a direction to pay fine. Conviction is also awarded u/s.504, for which the appellants are directed to undergo Simple Imprisonment for one month each. All the sentences have been directed to run concurrently.

In the wake of the minuscule nature of sentence imposed and since the Appeal is admitted, I deem it appropriate to suspend the sentence and release the applicants on bail by continuing the sureties which were directed to be furnished by the impugned judgment dated 4/7/2023.

Tilak





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The continuation of the bail bonds and the sureties, if already expired, shall be extended.

Application stand disposed off.

( SMT. BHARATI DANGRE, J.)

Tilak