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2022 Supreme(Bom) 1458

S.S.SHINDE, N.R.BORKAR
Sachin Nivrutti Pote – Appellant
Versus
State Of Maharashtra – Respondent


Advocates appeared:
Aabad Ponda, Advocate, Shailesh Kharat, Advocate, Nitin Gaware Patil, Advocate, V.B. Konde Deshmukh, Advocate, Vikas Shivarkar, Advocate

JUDGMENT

N.R. Borkar, J. - The applicant has fled the appeal against the judgment and order dated 22.07.2021 passed by the additional Sessions Judge and Special Judge under MCOC act, Pune in MCOCa Case No. 02 of 2007. By the said judgment, the trial court convicted the applicant, who was accused No.1 before the trial court, for the ofences punishable under sections 143, 147, 148, 149, 302 and 427 of the Indian Penal Code, 1860 ( for short 'IPC') and sentenced as follows:

    (a) Rigorous Imprisonment for life for the ofence punishable under section 302 of IPC;

    (b) Rigorous Imprisonment for three years for the ofence punishable under sections 143, 147, 148, 149 of the IPC; and

    (c) Rigorous Imprisonment for two years for the ofence punishable under section 427 of the IPC.

    2] By this application under section 389 of Code of Criminal Procedure, 1973 (for short 'Cr.P.C.'), suspension of substantive sentence during the pendency of appeal and consequently, release of the applicant on bail is sought.

    3] We have heard the learned senior counsel for the applicant and the learned aPP for the respondent/State.

    4] The deceased Sandip Shankar Mohol, at the relevant time, was the Vice President of General K

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