Saraswati Trimbak Kurwade vs The State Of Maharashtra
2024 Latest Caselaw 113 Bom

Bombay High Court

Saraswati Trimbak Kurwade vs The State Of Maharashtra on 3 January, 2024

Author: R. G. Avachat

Bench: R. G. Avachat

                            1               906APPLN3866.2023.odt

         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   BENCH AT AURANGABAD.

           906 CRIMINAL APPLICATION NO. 3866 OF 2023
                      IN APEAL/1033/2023

                      Saraswati Trimbak Kurwade
                               VERSUS
                       The State Of Maharashtra
                                   ...
           Mr. Balasaheb N. Magar, Advocate for Applicant
           Mr. S. D. Ghayal, Addl. P.P. for Respondents/State
                                   ...

                             WITH
                CRIMINAL APPEAL NO. 1033 OF 2023
                              ...

                                CORAM :     R. G. AVACHAT
                                                   AND
                                            NEERAJ P. DHOTE, JJ.

                                DATED :     03rd JANUARY, 2024

PER COURT : -

1.          Heard learned advocate for the applicant and the learned

APP for respondent/State.



2.          This application is preferred for suspension of substantive

sentence imposed upon the applicant by the learned Additional Sessions

Judge-1, Hingoli, District Hingoli, vide Judgment and Order dated

13.06.2023 passed in Sessions Case No. 53/2017.



3.          Learned advocate for the applicant pointed out that the

accused no. 2 has been acquitted whereas the present applicant has
                                2                906APPLN3866.2023.odt
been convicted for the offence punishable under Section 302 of the

Indian Penal Code. He also points out to this Court that during the

Covid-19 pandemic, the applicant was released on temporary bail. He

submits that the applicant is a woman and that she is behind the bars for

last four and half years.



4.           Learned APP opposes the application.



5.           In view of the submissions advanced on behalf of the

applicant, we are inclined to suspend the sentence till the conclusion of

the appeal. Hence, the following order.


                                   ORDER

[i] Criminal Application is allowed.

[ii] The substantive sentence imposed upon the applicant by the learned Additional Sessions Judge-1, Hingoli, District Hingoli, vide Judgment and Order dated 13.06.2023 passed in Sessions Case No. 53/2017, is hereby suspended till the disposal of the appeal.

[iii] The applicant be released on furnishing P.R. bond of Rs.15,000/- (Rupees Fifteen Thousand), till the disposal of the appeal.

[iv] Bail before the trial Court.

3 906APPLN3866.2023.odt

[v] List the Criminal Appeal No. 1033 of 2023 for final hearing on 18th January, 2024.

                              [NEERAJ P. DHOTE]                                  [R. G. AVACHAT]
                                   JUDGE                                              JUDGE




                             SG Punde

Signed by: Sandeep Gulabrao Punde Designation: PS To Honourable Judge Date: 03/01/2024 18:49:32