Maya Ramesh Aglave vs The State Of Maharashtra
2023 Latest Caselaw 4657 Bom

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     IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                  BENCH AT AURANGABAD

           974 CRIMINAL APPLICATION NO. 449 OF 2023
                      IN APEAL/87/2023

Maya Ramesh Aglave                                ...Applicant

         VERSUS

1. The State of Maharashtra

2. XYZ                                        ...Respondents

                              ...
          Advocate for Applicant : Mr.Magre Sunil G.
            APP for Respondent State : Ms.R.P.Gaur
Advocate for Respondent No. 2 : Ms.Tandale Rani R. (appointed)
                              ...

                                 CORAM : R. G. AVACHAT, J.
                                 DATE : 03.05.2023.

PER COURT :


1.              Heard.


2.              This is an application for suspension of execution of

substantive sentence.


3.              The applicant has been convicted for the offence

punishable under Sections 376(2)(n), 363, 342, 323 of the

Indian Penal Code and she has to undergo maximum sentence

for ten years. All the substantive sentences have been directed




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to run concurrently.


4.              The applicant is in jail for about two years and three

months against the sentence of 10 years. The appeal is of this

year. The applicant is a lady. It will take long time to hear the

appeal by its turn on merits. Considering the gender of the

applicant and considering that she is behind the bars for little

over two years and three months, the Court is inclined to allow

the application. In view of these facts, the following order :-

                                      ORDER

         (a)     The application is allowed.
         (b)     Pending the appeal, the execution of substantive

sentences of imprisonment imposed upon the applicant by the learned Additional Sessions Judge, Ahmednagar, in Sessions Case No.Special Case No. 167 of 2021, by the judgment and order dated 02.12.2022, to stand suspended and the applicant is released on bail on 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/