ANIL CHHABILDAS CHAUDHARI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned respective Counsel for the parties, finally.

(2.) This is an application preferred by the applicant nos.1 and 2, requesting that the conviction imposed upon them by judgment and order dated 8-8-2011, passed by learned Additional Sessions Judge, Jalgaon, in Sessions Case No. 73/2001, pending hearing of Criminal Appeal No. 449/2011, be suspended.

(3.) It is the contention of the applicants that they have been convicted for the offence punishable under Section 325, read with Section 34 of Indian Penal Code and have been sentenced to suffer rigorous imprisonment for three years and to pay fine of Rs. 2,000/-, each, in default, to suffer rigorous imprisonment for three months, by the judgment and order dated 8th August 2011, rendered by the learned Additional Sessions Judge, Jalgaon, in Sessions Case No. 73/2001. It is also contention of the applicants, that they have questioned the conviction and sentence by filing Criminal Appeal No. 449/2011 before this Court and same has been admitted by this Court. The applicants also submit that the applicants preferred application for bail before this Court and same has been allowed by this Court on 22nd September 2011, and they have been enlarged on bail, suspending the substantive sentences inflicted upon them. On this background, the applicants have preferred present application for suspension of the conviction imposed upon them, by way of aforesaid judgment and order dated 8th August 2011.