Bombay High Court
Gopal Rama Koli And Ors vs State Of Maharashtra on 7 February, 2023
Bench: S. V. Kotwal
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.2506 OF 2022
IN
CRIMINAL APPEAL NO.748 OF 2022
WITH
INTERIM APPLICATION NO.2507 OF 2022
IN
CRIMINAL APPEAL NO.748 OF 2022
Gopal Rama Koli & Ors. .... Applicants
versus
State of Maharashtra .... Respondent
.......
• Mr. Vijay P. Agale, Advocate for Applicants.
• Mr. S. R. Agarkar, APP for the State/Respondent.
CORAM : SARANG V. KOTWAL, J.
DATE : 07th FEBRUARY, 2023
P.C. :
1. These are the applications for suspension of sentence
and for release on bail pending final disposal of the Criminal
Appeal No.748 of 2022 preferred by the Applicants. The
Applicants were convicted and sentenced by the Additional
Sessions Judge, Thane, vide his Judgment and Order dated
Nesarikar
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27/06/2022 passed in Sessions Case No.316/2014. The
Applicants were convicted for commission of offence punishable
u/s 323 r/w 34 of the Indian Penal Code and were sentenced to
suffer simple imprisonment for one month and to pay a fine of
Rs.500/- each and in default of payment of fine to suffer simple
imprisonment for 15 days.
2. Heard Mr. Vijay P. Agale, learned counsel for the
Applicant and Mr. S. R. Agarkar, learned APP for the State.
3. Learned counsel for the Applicants submitted that they
have a good case on merits. He submitted that the sentence
imposed on the Applicants is very short. The Applicants were on
bail during trial and they have not misused the same. Even after
their conviction they were granted bail u/s 389 of Cr.P.C. He
submitted that the case of the complainant P.W.2 Vijay Tatli was
disbelieved in respect of allegations of abuse with reference to
the caste. Therefore, it is not safe to rely on his other part of
evidence. He is an unreliable witness. Learned counsel also
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attacked the evidence of the Medical Officer, who has not given
clear evidence as to when he had examined the injured.
4. Learned APP opposed this application. But he conceded
that the sentence is short.
5. I have considered these submissions. The issues raised
by the learned counsel for the Applicants will have to be
considered at the final hearing stage. The sentence imposed is
short. The Appeal is not likely to be decided within that short
period. Therefore, the Applicants can be granted bail during
pendency of their Appeal.
6. Hence, the following order :
ORDER
(i) During pendency and final disposal of the
Criminal Appeal No.748 of 2022, the Applicants
are directed to be released on bail on their
furnishing P.R. bond in the sum of Rs.10,000/-
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(Rupees Ten Thousand only) each, with one or
two sureties each, in the like amount.
(ii) Both the Interim Applications stand disposed of
accordingly.
(SARANG V. KOTWAL, J.)
