Bombay High Court
Mahadev Laxman Pawar And Others vs The State Of Maharashtra And Another on 29 January, 2024
Author: R. G. Avachat
Bench: R. G. Avachat
2024:BHC-AUG:1768
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD.
15 CRIMINAL APPLICATION NO. 3935 OF 2023
IN
CRIMINAL APPEAL NO. 1017 OF 2023
1. Mahadev Laxman Pawar
2. Balu Uttam Mali
3. Balu Laxman Pawar
4. Bhagwat Sakharam Mali
5. Bhima Uttam Mali
6. Dharmaraj Uttam Mali
7. Baban Uttam Mali
8. Yenubai Laxman Pawar ..Applicants
Versus
1. The State of Maharashtra
2. Anil Tukaram Mali ..Respondents
.....
Advocate for Applicants : Shri. Rajendra G. Hange
Addl. P.P. for the Respondent / State : Shri. S. D. Ghayal
.....
CORAM : R. G. AVACHAT AND
NEERAJ P. DHOTE, JJ.
Dated : January 29, 2024
PER COURT :-
. This is the Application for suspension of substantive
sentence imposed by the learned Additional Sessions Judge, Beed in
Sessions Case No.26/2015 vide Judgment and order dated 11.09.2023
thereby convicting the Applicants / Appellants for the offences
punishable under Sections 302, 324, 148 r/w. Section 149 of the Indian
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Penal Code and sentencing them to undergo Life Imprisonment with fine
of Rs.10,000/-, in default to undergo further Rigorous Imprisonment for
two (02) years for the offence punishable under Section 302 r/w. 149 of
the I.P.C. and to suffer Rigorous Imprisonment for one (01) year for the
offence punishable under Section 324 r/w. 149 of the I.P.C. and to suffer
Rigorous Imprisonment for three (03) years for the offence punishable
under Section 148 of the I.P.C.
2. Heard the learned Advocate for the Applicants and the
learned Addl. P. P for the Prosecution. Perused the paper-book.
3. It appears from the paper-book that the quarrel took place
between the Applicants on one side and the Informant and deceased on
the other side. The quarrel resulted in assault. Appellants were on bail
during the trial. The Appeal would not come up for final hearing in the
near future. Thus, in our view, it would be appropriate to Suspend the
substantive sentence of the Applicants / Appellants during the pendency
of the present Appeal.
4. Hence, the following order:
ORDER
(i) The Application is allowed.
(ii) The substantive sentence imposed by the learned Additional
Sessions Judge, Beed in Sessions Case No.26/2015 vide Judgment and
order dated 11.09.2023 on the Applicants / Appellants, namely,
1. Mahadev Laxman Pawar, 2. Balu Uttam Mali, 3. Balu Laxman Pawar,
4. Bhagwat Sakharam Mali, 5. Bhima Uttam Mali, 6. Dharmaraj Uttam
Mali, 7. Baban Uttam Mali, 8. Yenubai Laxman Pawar, is suspended
during the pendency of the present Appeal.
(iii) The Applicants / Appellants be released on bail on furnishing
P. R. Bond of Rs.15,000/- (Rupees Fifteen Thousand Only) each, with
one surety in the like amount each.
(iv) Bail before the Trial Court.
(v) The Applicants / Appellants shall report to the concerned Police
Station once in two months between 06:00 p.m. to 08:00 p.m. on the
last Monday of second month for the period of Three Years from today.
(vi) The Applicants / Appellants shall not change their residential
address without intimation to the concerned Police Station.
5. Criminal Application stands disposed of accordingly.
( NEERAJ P. DHOTE, J. ) ( R. G. AVACHAT, J. )
GGP
Signed by: Gajanan G. Punde
Designation: PA To Honourable Judge
Date: 29/01/2024 17:52:40
