Ishwar Ramu Nagurdekar And Ors vs State Of Maharashtra
2023 Latest Caselaw 11086 Bom

2023:BHC-AS:32410

                                                                        14a. IA 3378-23.doc




                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                CRIMINAL APPELLATE JURISDICTION

                             INTERIM APPLICATION NO.3378 OF 2023
                                             IN
                               CRIMINAL APPEAL NO.1029 OF 2023

             1.Ishwar Ramu Nagurdekar
             Age 25 years, occ. Agriculturist
             R/a Jagamhatti,
             Ral. Chandgad, Dist. Kolhapur
             2. Shanta Ramu Nagurdekar
             Age 60 years, occ. Housewife.
             R/a. Jagamhatti, Tal Chandgad,
             Dist. Kolhapur
             3. Anil Ramu Nagurdekar
             Age 23 years. Occ. Agriculturist
             R/a. Jagamhatti,
             Tal. Chandgad, Dist. Kolhapur
             4. Jotiba @ Ganpati Baswant Nakadi
             Age 20 years. Occ. Agriculturist
             R/a. Hajgoli, Tal. Chandgad, Dist. Kolhapur
             (All of the above presently lodged in
             Kalamba Prison, Kolhapur)                ...    Applicants
                         Versus
             The State of Maharashtra
             (Through the Chandgad Police
             Station, Gandhinglaj
             And Another                              ...    Respondents
                                              ***
             Mr. Satyavrat Joshi for the Applicants.

             Mr. A.R. Patil, APP for Respondent No.1-State.
                                            ***
                              CORAM : NITIN B. SURYAWANSHI, J.

DATE : 27 OCTOBER 2023 P.C.

             Chittewan                                                                 1/3
                                                                  14a. IA 3378-23.doc




.            Issue notice to the Respondents, returnable on 10 November

2023. Mr. A.R. Patil, learned APP waives notice for Respondent

No.1-State.

2. In the meanwhile, considering the fact that Applicant No.2-

Shanta Ramu Nagurdekar is a lady aged 62 years and substantive

sentence of five years is imposed on her, which is a short term

sentence in the light of decision of in the case of Bhagwan Rama

Shinde Gosai and Ors. Vs. State of Gujrat 1 and the Criminal Appeal

filed by the Applicant is not likely to be heard in near future and

since no exceptional circumstances are there on record to deny relief

to Applicant No.2, by way of ad-interim relief, sentence imposed

upon Applicant No.2 is hereby suspended during the pendency of the

Appeal. Hence, the following Order :

(i) Interim Application is partly allowed.

(ii) Substantive sentence of imprisonment imposed on Applicant No.2-Shanta Ramu Nargudekar vide judgment and order dated 5th September 2023 in Sessions Case No.5 of 2017 is suspended during the pendency of the Appeal.

1(1999) SCC (Cri.) 553

Chittewan 2/3 14a. IA 3378-23.doc

(iii) Applicant No.2-Shanta Ramu Nagurdekar be released on bail on executing PR bond in the sum of Rs.15,000/- each with one surety in the like amount.

(iv) Applicant No.2-Shanta Ramu Nagurdekar shall deposit fine amount, if not already deposited.

(v) Applicant No.2 shall attend the concerned Police Station once in a month on first Sunday between 10.00 to 12.00 noon., until further orders.

(vi) Applicant No.2 shall furnish her permanent address as well as present address to the trial Court along with copy of her Aadhar Card and Cell number/s.

(NITIN B. SURYAWANSHI, J.)

Chittewan 3/3 Signed by: Rajesh Chittewan Designation: PA To Honourable Judge Date: 27/10/2023 18:13:53