SANDESH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Applicant Sandesh @ Sonu Prakash Salve has preferred Criminal Appeal No.779/2022, which is already admitted.

(2.) This is an application for bail pending final disposal of his Appeal. The Applicant is arrested in the subject matter on 18/11/2018 and since then he is in custody. The Applicant was the original accused No.3. There were two other accused in Sessions Case No.133/2019 before the Additional Sessions Judge, Nashik. The Trial Judge vide his Judgment and Order dtd. 29/06/2022 convicted all the accused including the Applicant for commission of offence punishable u/s 307 r/w 34 of the IPC. They were sentenced to suffer rigorous imprisonment for 10 years and to pay a fine of Rs.10,000.00 and in default of payment of fine to suffer simple imprisonment for six months. Out of the period of 10 years, the Applicant is already in custody for more than four years.

(3.) The prosecution case is that on 17/11/2018, because of the previous enmity, the three accused including the present Applicant, assaulted the injured Suresh Dalod and his son Siddharth Dalod. There are allegations that Suresh's nephew Saurabh was also assaulted.