LAWS(BOM)-2020-9-98

SUNIL Vs. STATE OF MAHARASHTRA

Decided On September 21, 2020
SUNIL Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) All the applicants before us are original accused Nos. 1, 3, 5, 6, 8 and 9 whose serial numbers have been rearranged as accused Nos. 1 to 6. They have filed two criminal appeals for challenging the judgment and order dated 04/03/2020 delivered in Sessions Case No.19/2014 (Old Sessions Case No.63/2008) leading to their conviction for offences punishable u/s 302 r/w Section 149, Section 143 r/w Section 149, Section 147 r/w Section 149, Section 323 r/w Section 149, Section 504 r/w Section 149 of the IPC and Section 135 of the Maharashtra Police Act. As such, all these persons have been sentenced to suffer life imprisonment in view of the offences u/s 302 r/w 149 and sentenced for 6 months rigorous imprisonment for the other offences. Fine has also been imposed which all these accused have already paid. All the sentences are to run concurrently.

(2.) By these applications, the applicants are praying for suspension of the substantive sentence and for bail, till the decision in their pending appeals.

(3.) We have heard the learned Advocate for the applicants and the learned APP, at length. The learned APP has strenuously canvassed that all these applications deserve to be rejected and there are no circumstances due to which the sentence could be suspended or the applicants could be released on bail. With their assistance, we have gone through the record available.