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Judgment
The applicants herein were accused in Sessions Case No. 11 of 2012 on the file of the District Judge-3 and Addl. Sessions Judge, Niphad. By this application the applicants have sought suspension of execution of sentence imposed vide judgment dated 18th September, 2017 in the said Sessions Case and has prayed for release on bail.
By judgment and order dated 18th September, 2017 they have been convicted for the offences under section 143, 147, 307, 323 r/w. section 149 of Indian Penal Code. They have been sentenced to undergo rigorous imprisonment for two years with fine of Rs.1,000/in default to undergo simple imprisonment for three months in respect of section 307 r.w. Section 149 of IPC. By this application, the applicants herein have sought suspension of execution of substantive sentence imposed vide judgment dated 18th September, 2017 in the said case and prayed for release on bail.
Heard the learned counsel for the applicants and the learned APP for the State. Perused the record and considered the submissions advanced by the learned counsels for the respective parties.
The case of the prosecution is that, on 17th July, 2011 the applicants herein were armed with deadly weapons i.e. iron rods, sticks, assaulted Sambhaji Nikam and thereby attempted to commit his death.
The evidence on record indicates that the applicants herein were on bail during the pendency of the trial. By order dated 18th September, 2017 the learned Sessions Judge recorded that the applicants had not misused the liberty or not violated the terms and conditions of the bail. Learned counsel under exercise of power under section 398(3) of Cr. P.C. had granted suspension of execution of sentence till the expiry of the appeal period.
Considering the fact that the applicants are on bail till date and the substantive sentence has been suspended till filing of the appeal, in my considered view the applicants are entitled for interim protection in terms of prayer clause (b) until further orders. Hence, the order : ( i) The execution of substantive sentence imposed in Sessions Case No. 11 of 2012 vide judgment dated 18th September, 2017 is suspended till the next date, subject to the applicants furnishing fresh bail bond of Rs.10,000/( Rupees Ten Thousand) each with one solvent surety in the like amount, to the satisfaction of District Judge3 and Addl. Sessions Judge, Niphad.
(ii) The applicants shall furnish their permanent as well as temporary address, if any, and shall intimate change of address and contact number, if any, to the Investigating Officer, as well as to the concerned Court.
(iii) All concerned to act on an authenticated copy of this order.
Stand over to 6th November, 2017.