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Judgment
Anuja Prabhudessai, J
This is an Application under section 389 of Cr.P.C. filed by the aforesaid Applicants who are accused nos.2 and 3 in Sessions Case No.439/2016 passed by the Additional Sessions Judge, City Civil & Sessions Court, Borivali Division, Dindoshi, Goregaon, Mumbai.
By the impugned judgment dated 07/12/2021, the learned Judge has held the Applicants guilty of offence under section 324 of IPC and sentenced them to undergo imprisonment for three years with fine of Rs.5,000/- in default imprisonment for three months.
Mr. Nitin Sejpal, learned counsel for the Applicants states that the Applicants had filed an Application before the trial Court to enlarge them on bail and that by order dated 07/12/2021, the learned Judge has suspended the sentence till the filing of the Appeal, on furnishing cash bail. He submits that the order is still not uploaded. However, he has placed on record the receipt (Exhibit - E) at page no.226 indicating that the Applicants have deposited cash bail of Rs.15,000/-. Considering the above facts and circumstances and also considering the fact that the sentence imposed is of short term imprisonment, the following order is passed :-
(a) The Applicants are ordered to be released on interim bail till the next date of hearing on furnishing bail bonds in the sum of Rs.15,000/- each with one or two sureties in the like amount.
Stand over to 12/01/2022.