Bombay High Court
Bhimrao Laxman Bhalerao And Others vs The State Of Maharashtra on 24 January, 2024
2024:BHC-AUG:1653
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO.444 OF 2024
IN
CRIMINAL APPEAL NO.96 OF 2024
1. Bhimrao S/o. Laxman Bhalerao,
Age: 41 years, Occ: Labour,
R/o. Ashoknagar, Masnatpur, MIDC Area,
Chikalthana, Tq. & District-Aurangabad.
2. Yogesh S/o. Laxman Bhalerao,
Age: 38 years, Occ: Labour.
3. Manoj S/o. Laxman Bhalerao,
Age: 42 years, Occ: Labour. ... Applicants.
Versus
The State of Maharashtra ... Respondent.
...
Mr. Datta Sundarrao Kale, Advocate for Applicants
Mr. S. M. Ganachari, APP for Respondent - State.
...
CORAM : ABHAY S. WAGHWASE, J.
DATED : 24th JANUARY, 2024
ORDER :
1. Applicants are seeking suspension of sentence and
grant of bail by virtue of conviction recorded by learned Sessions
Judge, Aurangabad awarded in Sessions Case No. 320 of 2016 for
commission of offence under sections 143, 147, 148 and 325 read
with section 149 of Indian Penal Code.
2. It is submitted that, there is false implication. There is
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improper appreciation of evidence by the learned Sessions Judge
and hence appeal has been preferred which is already registered,
but judgment under challenge being of December 2023, much more
time would be required to hear and decide the same. He further
pointed out that, even sentence awarded is for six months and
three months respectively, which are to be run concurrently.
Therefore, according to him, in view of judgment of Hon'ble Apex
Court in the case of Kiran Kumar v. State of M.P. , 2001 AIR SCW
5130 sentence being for short term, learned counsel prays for
relief as sought.
3. Learned APP submits that, serious offence has been
committed and guilt is recorded for forming unlawful assembly and
putting sharp weapon to be used. That, if relief as prayed is
granted, it is his submission that there is possibility of misuse.
4. On hearing both sides, it seems that, on information
lodged by one Kakasaheb on 17.3.2013, crime was registered.
There are allegations of being caught hold of and being assaulted by
use of wooden rod. Medical evidence suggests fracture injury.
Admittedly, sentence awarded is only for six months and three
months respectively for each of the offence and to pay fine.
Resultantly, considering the same and the law dealt and decided by
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the Hon'ble Apex court in view of above referred ruling, relief as
prayed deserves to be granted. Hence, I proceed to pass following
order :
ORDER
(i) Criminal Application stands allowed.
(ii) The substantive sentence imposed on the
applicants, (1) Bhimrao S/o. Laxman Bhalerao, (2)
Yogesh S/o. Laxman Bhalerao and (3) Manoj S/o.
Laxman Bhalerao in Sessions Case No.320 of 2016
by the learned Sessions Judge, Aurangabad on
29.12.2023 stands suspended till the final hearing
and disposal of Criminal Appeal No.96 of 2024.
(iii) The applicants be released on P.R. Bond of
Rs.15,000/- (Rs. Fifteen thousand only) each with
two solvent sureties each in the like amount.
(iv) The applicants shall not commit any criminal
activity.
(v) The applicants shall remain present before the
learned trial Judge once in six months, till final
hearing and disposal of the appeal, commencing
from the date he tenders bail papers and
thereafter, the trial Judge to fix dates for their
subsequent appearances.
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(vi) In case of two consecutive defaults on the part of
the applicants to remain present before the trial
Court, the trial Court to inform this Court about the
same and in that eventuality, the prosecution
would be at liberty to file an application for
cancellation of the bail granted to the applicants.
(vii) Bail before the trial Court.
(ABHAY S. WAGHWASE, J.)
Tandale
