Ajay Bandu Kshirsagar vs The State Of Maharashtra
2023 Latest Caselaw 3007 Bom

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         IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                     BENCH AT AURANGABAD

               45 CRIMINAL APPLICATION NO.1149 OF 2023
                         IN APEAL/259/2023

Ajay Bandu Kshirsagar                                        ...Applicant

            VERSUS

The State of Maharashtra                                  ...Respondent

                                      ...
             Advocate for Applicant : Mr.Salunke Sheetal Vilas
               APP for Respondent-State : Mr.K.N.Lokhande
                                      ...


                                 CORAM : R. G. AVACHAT, J.

                                 DATE    : 27.03.2023.

PER COURT :


1.              Heard. Issue notice to the respondent-State, returnable

on 10.04.2023. The learned APP waives service of notice for the

respondent-State.



2.              The applicant has been convicted by the Additional

Sessions Judge, Osmanabad, District Osmanabad, in Sessions Case

No. 02 of 2019, by the judgment and order dated 13.02.2023, for the

offence punishable under Section 396 of the Indian Penal Code and

he is sentenced to suffer Imprisonment for a period of 10 years and to

pay fine of Rs. 5,000/-, in default to suffer Simple Imprisonment for a

period of six months.




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3.              The similarly placed co-convicts have been granted the

suspension        of    execution   of   their   substantive       sentences         of

imprisonment. In view of the same, the application of the applicant is

allowed in terms of following order :

                                     ORDER

(a)    Application is allowed.

(b)    Pending the appeal, the execution of substantive sentence of

imprisonment imposed upon the applicant, by the learned Additional

Sessions Judge, Osmanabad, in Sessions Case No. 02 of 2019, by the

judgment and order dated 13.02.2023, to stand suspended and the

applicant be released on bail on his executing P.R. bond in the

sum of Rs.15,000/- (Rupees Fifteen Thousand) with one surety

each in the like amount.

( R. G. AVACHAT ) JUDGE

mahajansb/