Anil Devanand Lad And Anr vs State Of Maharashtra And Anr
2023 Latest Caselaw 11087 Bom

2023:BHC-AS:32406

                                                                              1. IA 2265-23.doc




                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  CRIMINAL APPELLATE JURISDICTION

                                INTERIM APPLICATION NO.2265 OF 2023
                                                IN
                                  CRIMINAL APPEAL NO.711 OF 2023

             1. Anil Devanand Lad
             2. Govardhan Devanand Lad                     ...    Applicants
                        Versus
             The State of Maharashtra
             And Another                                   ...    Respondents
                                         ***
             Mr. Ritesh M. Thobde (appeared through Video Conferencing) a/w
             Mr. Sagar Tambe and Mr. Changdev Shingade for the Applicants.

             Mr. A.R. Patil, Add. P.P. for Respondent No.1-State.

             Ms. Leena Patil for Respondent No.2.
                                            ***
                               CORAM : NITIN B. SURYAWANSHI, J.

DATE : 27 OCTOBER 2023 P.C.

. This is an application for suspension of sentence and grant of

bail during the pendency of the Criminal Appeal preferred by the

Applicants challenging the judgment and conviction.

2 Applicants are convicted by the Additional Sessions Judge, at

Solapur in Sessions Case No.384 of 2022 under Section 235 (2) of

of the Code of Criminal Procedure, 1973 for the offence punishable

under Section 304 (2) r/w 34 of the Indian Penal Code, 1860 and

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sentenced to suffer rigorous imprisonment for five years and to pay

fine of Rs.1,000/- each.

3 Heard learned Counsel for the Applicants, learned APP for

Respondent No.1-State and Ms. Leena Patil for Respondent No.2.

4 Perused the record. Admittedly, the sentence is a short term

sentence and the appeal preferred by the Applicants/Appellants is not

likely to be heard in near future. No exceptional circumstances are

there on record to deny relief to the Applicants. In the light of

decision of the Apex Court in the case of Bhagwan Rama Shinde

Gosai and Ors. Vs. State of Gujrat 1, the Applicants deserve to be

released on bail. Hence, the following Order :

(i) Interim Application is allowed.

(ii) Substantive sentence of imprisonment imposed vide judgment and order dated 8th June 2023 in Sessions Case No.384 of 2022 is suspended during the pendency of the Appeal.

(iii) Applicant No.1 Anil Davanand Lad and Applicant No.2- Govardhan Devanand Lad be released on bail

1(1999) SCC (Cri.) 553

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on executing PR bond in the sum of Rs.15,000/- each with one surety in the like amount.

(iv) Applicants shall attend the concerned Police Station twice in a month on every first and third Sunday between 10.00 to 12.00 noon., until further orders.

(v) Applicants shall furnish their permanent address as well as present address to the trial Court along with copies of his 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 18:02:51