Rajendra @ Raju Ramrao Hambarde vs The State Of Maharashtra Through Police ...
2024 Latest Caselaw 574 Bom

Bombay High Court

Rajendra @ Raju Ramrao Hambarde vs The State Of Maharashtra Through Police ... on 10 January, 2024

Author: R.G.Avachat

Bench: R.G.Avachat

2024:BHC-AUG:401-DB



                                                                   3-crappln65.2024.odt


                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                             CRIMINAL APPLICATION NO.65 OF 2024
                                             IN
                               CRIMINAL APPEAL NO.19 OF 2024

            Rajendra @ Raju Ramrao Hambarde                      ..Applicant
                 Vs.
            The State of Maharashtra                             ..Respondent

                                            ----
            Mr.Vijay V. Deshmukh, Advocate for applicant
            Mrs.V.S.Choudhary, APP for respondent - State
                                            ----

                                     CORAM :  R.G.AVACHAT AND
                                              NEERAJ P. DHOTE, JJ.
                                       DATE : JANUARY 10, 2024
            ORDER :

-

Heard both sides.

2. This is an application for suspension of substantive

sentence of imprisonment imposed against the applicant/appellant by

learned Addl. Sessions Judge-1, Nanded, in Sessions Case No.11 of

2021 for the offence punishable under Section 395 of Indian Penal

Code.

3. It is pointed out from the testimony of the witnesses that

the witnesses were unable to identify the applicant/appellant, during

trial. Admittedly, no test-identification parade was conducted during 2 3-crappln65.2024

investigation though the accused persons were unknown persons.

It is also not disputed that the applicant/appellant was on bail during

trial.

4. We have perused the judgment of the trial court. It

prima facie appears that the trial court has considered the evidence

of the Investigating Officer and the panchas and reached to the

conclusion that the applicant/appellant was one of the participants in

the crime.

5. In due course, it would take long time for the appeal to

come up for final hearing.

6. In view of the above, we are inclined to suspend the

substantive sentence of imprisonment, during pendency of the

appeal. Hence, the following order:-

(i)          The application is allowed.


(ii)         During pendency of the appeal, the substantive sentence

of imprisonment is suspended. The applicant/appellant be released on bail on furnishing P.R. bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand) with one surety in the like amount.

3 3-crappln65.2024

(iii) The applicant/appellant shall attend the concerned police station once in the first week of every month during night time, i.e. between 09.00 p.m. and 11.00 p.m., until further orders.

(iv) The appellant/appellant shall not change his residential address without intimation to the concerned police station.

[NEERAJ P. DHOTE, J.] [R.G. AVACHAT, J.]

KBP