Santosh Laxmanrao Wattamwar vs The State Of Maharashtra
2023 Latest Caselaw 4807 Bom

                                1                  940criappln1768.23



      IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                   BENCH AT AURANGABAD

           940 CRIMINAL APPLICATION NO.1768 OF 2023
                      IN APEAL/403/2023


Santosh s/o Laxmanrao Wattamwar                    ...Applicant

                   VERSUS

The State of Maharashtra                         ...Respondent

                                  ...
     Advocate for Applicant : Mr. D.S.Patil h/f Mr.Gangakhedkar
                            Shailendra S.
           APP for Respondent State : Mr.K.N.Lokhande
                                  ...


                                CORAM : R. G. AVACHAT, J.
                                DATE : 04.05.2023.

PER COURT :


1.              Heard. This is an application for suspension of

execution of substantive sentence of imprisonment.


2.              The applicant has been convicted for the offences

punishable under Sections 304-B, 306 and 498-A of the Indian

Penal Code (for short "IPC") and sentenced to suffer rigorous

imprisonment for seven years and fine with default stipulation.


3.              The learned APP for the State has strong objection




::: Uploaded on - 05/05/2023               ::: Downloaded on - 07/05/2023 12:13:04 :::
                                          2                    940criappln1768.23



for grant of the application.


4.              The sentence of seven years of imprisonment is

considered to be a short term sentence. The appeal is of this

year and it is not likely to come up for hearing in near future.

The applicant was on bail pending the trial.                        In view of the

same, the Court is inclined to allow the application. Hence 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-1, Nanded in Sessions Case No. 26 of 2002 by the judgment and order dated 27.04.2023 to stand suspended and the applicant be 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/