1 APPA 824-2011 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.824 OF 2011 IN CRIMINAL APPEAL NO.666 OF 2011 Nilesh Lahu Gaikwad .Applicant V/s. The State of Maharashtra .Respondent WITH CRIMINAL APPLICATION NO.825 OF 2011 IN CRIMINAL APPEAL NO.667 OF 2011 1. Deepak Lahu Gaikwad .Applicants 2. Santosh Lahu Gaikwad V/s. The State of Maharashtra .Respondent Mr.P.B.Shah, Advocate, for the Applicants in both matters Mrs.M.M.Deshmukh, APP, for the Respondent - State in Cri.Appln.No.824 of 2011 Mr.Rajesh More, APP, for the Respondent - State in Cri.Appln.No.825 of 2011 CORAM : R.C.CHAVAN, J. DATE : 20TH JULY, 2011 P.C. . Heard the learned Counsel for the respective parties. 2 APPA 824-2011 2. These are the applications for suspension of sentence of R.I. for ten years imposed upon the applicants for the offence punishable under Section 307 read with Section 149 of the Indian Penal Code, R.I. for one year for the offence punishable under Section 452 read with Section 149 of the Indian Penal Code and R.I. for six months for the offences punishable under Sections 324, 143, 147 & 148 of the Indian Penal Code by the learned Judge, Special Court, (Atrocities Act) at Raigad. The learned Judge had acquitted the applicants of other offences including the offence under the provisions of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act. The learned Counsel for the applicants points out that the applicants were on bail through out the trial. Both the victim and his wife have not supported the prosecution. They had categorically stated that the applicants were not the persons, who had assaulted them. In spite of this, the learned 3 APPA 824-2011 Judge has convicted and sentenced the applicants. He submits that parties had, in fact, amicably settled the dispute and therefore, the victims so deposed before the trial Court and the trial Judgment also shows that the learned Additional Public Prosecutor conducting the prosecution had also brought it to the notice of the trial Court. Now, propriety of settlement in such case involving serious charge need not be gone into. The fact remains that there was no evidence except what the victim's wife stated while under cross examination by the learned APP to implicate the present applicants. As far as blood stains on the clothing of one of the applicants is concerned, on which the learned APP stressed, there is no result about the blood group. All the same, all these things could be gone into when the Appeals are heard on merits. 3. The learned APPs opposed these 4 APPA 824-2011 applications contending that one of the applicants is an externee and there are Criminal antecedents against the applicant. He also pointed out that the learned trial Judge, in fact, directed the Police Commissioner, Navi Mumbai to provide protection to the first informant, his wife and family members and therefore, the applicants may not be admitted to bail. 4. Considering the fact that the applicants were on bail through out the trial as also the nature of evidence which has been tendered against them, in the light of the fact that it is unlikely that the Appeals would be taken up for hearing in the near future, the applicants are directed to be released on their furnishing fresh bonds in the same sum on which they were on bail during the trial on the condition that they shall report to the Panvel City Police Station, District Raigad on the 1st Sunday of the month 5 APPA 824-2011 between 10:00 a.m. to 1:00 p.m. till the Appeals are finally heard. 5. Criminal Applications stand disposed of. (R.C.CHAVAN, J.)