15-IA-1-2020-APEAL-218-2020.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL INTERIM APPLICATION NO.1 OF 2020
IN
CRIMINAL APPEAL NO.218 OF 2020
VIMALBAI PANDHARINATH WAGH AND ORS.)…APPELLANTS
V/s.
THE STATE OF MAHARASHTRA )…RESPONDENT
Mr.Rameshwar Gite, Advocate for the Appellants.
Mr.S.V.Gavand, APP for the Respondent – State.
CORAM : A. M. BADAR, J.
DATE : 9th MARCH 2020
P.C. :
1 By this application, applicants/convicted accused are
seeking suspension of sentence with a prayer for releasing them
on bail during pendency of the appeal filed by them. They are
convicted of offences punishable under Sections 498A read with
34 of the Indian Penal Code and are sentenced to suffer rigorous
imprisonment for 3 years apart from direction to pay fine of
Rs.3,000/- and in default, to undergo simple imprisonment for 3
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15-IA-1-2020-APEAL-218-2020.doc
months.
2 Heard both sides.
3 Short sentence of imprisonment imposed on the
applicant/convicted accused has already been suspended by the
learned trial court. Considering the pendency of appeal before
this court, the present appeal may not be heard in the span of
three years. Therefore the order :
ORDER
i) The application is allowed.
ii) Substantive sentence of imprisonment imposed on the
applicant/convicted accused is suspended and the applicant/
convicted accused is directed to be released on bail on his
executing P.R.Bond in the sum of Rs.15,000/- and on
furnishing surety in like amount.
iii) The application is disposed off.
(A. M. BADAR, J.)
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