Aniket Naikrao @ Nayabrao Hambarde vs The State Of Maharashtra
2024 Latest Caselaw 1798 Bom

Bombay High Court

Aniket Naikrao @ Nayabrao Hambarde vs The State Of Maharashtra on 22 January, 2024

Author: R. G. Avachat

Bench: R. G. Avachat

                              1                   10APPLN382.2024.odt
       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  BENCH AT AURANGABAD

            10 CRIMINAL APPLICATION NO. 382 OF 2024
                              IN
                        APEAL/80/2024

                         Datta Hari Hambarde
                               VERSUS
                       The State Of Maharashtra
                                   ...
             Mr. Suraj R. Bagal - Advocate for Applicant
             Mrs. V. S. Chaudhari - APP for Respondents
                                   ...
                                  AND
             CRIMINAL APPLICATION NO. 408 OF 2024
                                   IN
                           APEAL/19/2024
                                   ...
            Mr. Mahesh V. Ghatge - Advocate for Applicant
             Mrs. V. S. Chaudhari - APP for Respondents
                                   ...
                                  AND
             CRIMINAL APPLICATION NO. 244 OF 2024
                                   IN
                           APEAL/53/2024
                                   ...
                Mr. G. R. Syed - Advocate for Applicant
             Mrs. V. S. Chaudhari - APP for Respondents
                                   ...

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

                             DATED :      22ND JANUARY, 2024
PER COURT : -

1. These applications are filed for suspension of substantive

sentence imposed upon the applicants by the learned Additional

Sessions Judge-1, Nanded vide the Judgment and Order dated

05.12.2023 passed in Sessions Case No. 11/2021.

2 10APPLN382.2024.odt

2. Heard both the sides.

3. Issue notice to the respondents in Criminal Applications No.

382 of 2024 and 244 of 2024. Learned APP waives service of notice for

respondent/State.

4. Criminal Application No. 408 of 2024 is not on board.

Mentioned. Taken on board in view of the urgency expressed by learned

advocate Mr. M. V. Ghatge for the Applicants.

5. It is informed by the learned advocates for the applicants

that the record and proceeding is already received in Criminal Appeal

No. 19 of 2024 and same is awaited in connected Criminal Appeals.

6. It is submitted by the learned advocate for the respective

applicants that the co-accused against whom the similar offence is

registered has already been granted bail. The present applicants are

similarly situated.

7. Learned APP submits that since the offence for which the

applicants/appellants are convicted is punishable under Section 395 of

the Indian Penal Code, they may not be granted bail.

3 10APPLN382.2024.odt

8. It is not in dispute that the substantive sentence of the

appellant in Criminal Appeal No. 19 of 2024 has been suspended by this

Court vide order dated 10th January, 2024 and he has been released on

bail. It is also not in dispute that the applicants herein are the similarly

situated as that of the appellant who has been granted bail by the

aforesaid order.

9. In this view of the matter, the applications are allowed in

terms of the order dated 10th January, 2024 passed in Criminal

Application No. 65 of 2024 in Criminal Appeal No. 19 of 2024.

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




                             SG Punde




Signed by: Sandeep Gulabrao Punde
Designation: PS To Honourable Judge
Date: 24/01/2024 15:05:19