27-ia.2.2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL INTERIM APPLICATION NO.2 OF 2022

(FOR GRANT OF BAIL)

IN

CRIMINAL REVISION APPLICATION NO. 2 OF 2022

1.

Madhukar Narayan Gaikwad

2.

Bramhadeo Abaji Gaikwad

3.

Sunil Hari Gaikwad

4.

Balu Rajaram Gaikwad

5.

Maruti Narayan Gaikwad

6.

Madhav Gajendra Salunkhe

7.

Pandurang Narayan Gaikwad

8.

Bandu Hari Gaikwad

9.

Sadashiv Narayan Gaikwad

10.

Hanumant Narayan Gaikwad

11.

Pailwan Navnath Gaikwad

12.

Ganpat Pandurang Gaikwad

13.

Vaijnath Navnath Gaikwad

14.

Raosaheb Bramhadeo Gaikwad

15.

Mahadeo Gajendra Salunkhe

...Applicants

Versus

State of Maharashtra and Anr.

...Respondents

Mr. Sanjeev Kadam i/b Mr. Purushottam G. Chavan, for the Applicants.

Ms. P. P. Shinde, A.P.P for the Respondent No.1– State.

Mr. Ashok B. Tajane, for the Respondent No.2.

CORAM : REVATI MOHITE DERE, J.

DATE : 12^th JANUARY 2022

(THROUGH VIDEO CONFERENCING)

N. S. Chitnis

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NISHA

SANDEEP

CHITNIS

Digitally signed by

NISHA SANDEEP

CHITNIS

Date: 2022.01.13

16:43:42 +0530

27-ia.2.2022.doc

P.C. :

1.

Learned Counsel for the applicants seeks leave to amend to

implead the complainant, as party respondent No.2. Leave granted.

Amendment to be carried out during the course of the day.

2.

Heard learned counsel for the parties.

3.

By this application, the applicants seek suspension of their

sentence and enlargement on bail, pending the hearing and final disposal

of the aforesaid Revision Application.

4.

The applicants vide Judgment and Order dated 24^th April 2013,

passed by learned Judicial Magistrate First Class (4^th), Pandharpur, in

R.C.C. No.74 of 1999 have been convicted for the offences punishable

under Section 342 r/w 149 of the Indian Penal Code; Section 387 r/w 149

of the Indian Penal Code; Section 427 r/w 149 of the Indian Penal Code;

Section 323 r/w 149 of the Indian Penal Code; Section 504 r/w 149 of the

Indian Penal Code and Section 506 r/w 149 of the Indian Penal Code.

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The maximum sentence imposed is for the offence punishable under

Section 387 r/w 149 of the Indian Penal Code i.e. rigorous imprisonment

for three years with fine. Being aggrieved by the said Judgment and Order

of conviction and sentence, the applicants preferred an appeal before the

Sessions Court. The learned Extra Joint Additional Sessions Judge,

Pandharpur, vide Judgment and Order dated 16^th December 2021 dismissed

the applicants appeal i.e. Criminal Appeal No.24 of 2013 and Criminal

Appeal No.46 of 2016. It is informed that the appeal filed by the State was

also dismissed.

5.

It is not in dispute that the applicants were on bail pending

trial as well as during the pendency of their appeals and have not misused

or abused the liberty granted to them. The Revision Application has been

admitted by a separate order passed today and the same is not likely to

come up for the hearing in the immediate near future. The sentence

awarded is a short term sentence.

6.

Considering the aforesaid, the application is allowed and the

applicants sentence is suspended and they are enlarged on bail, pending the

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hearing and final disposal of the aforesaid Revision, on the following terms

and conditions :

ORDER

i)

The Applicants be released on cash bail in the sum of Rs.10,000/-

each, for a period of six weeks;

ii)

The Applicants shall within the said period of six weeks, furnish

P.R. Bond in the sum of Rs.10,000/- each with one or two sureties in th