Deepak Parmeshwar Magar v. The State Of Maharashtra

1 919-appln 60-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 60 OF 2023 IN CRIMINAL APPEAL NO. 14 OF 2023 Deepak Parmeshwar Magar .. Applicant

Versus

The State of Maharashtra .. Respondent Mr. Krushna S. Solanke, Advocate for the Applicant. Mr. S. R. Yadav-Lonikar, APP for Respondent.

CORAM : KISHORE C. SANT, J.

DATED : 07th JANUARY, 2023.

P. C. :- .

The applicant is convicted for an offence punishable under Sections 354 and 452 of the Indian Penal Code (for short "I.P.C.") by the judgment and order dated 09.12.2022 passed by the Ad-hoc District Judge-1 and Additional Sessions Judge, Jalna in Special Case No. 397/2020. The applicant is directed to suffer rigorous imprisonment for one (01) year and to pay fine of Rs. 2,000/- (Rs. Two Thousand only) and in default to suffer simple imprisonment for fifteen

(15) days for the offence punishable under Section 354 of the I.P.C. For the offence punishable under Section 452 of the I.P.C., the applicant is directed to suffer rigorous imprisonment for one (01) year and to pay

2 919-appln 60-2023.odt fine of Rs. 1,000/- (Rs. One Thousand only) and in default to suffer simple imprisonment for ten (10) days.

2.

Considering the fact that, the sentence is a short sentence and the applicant has already deposited the fine amount in the learned Trial Court on the date of judgment itself and since his sentence is already suspended, I pass the following order.

3.

The sentence imposed by the learned Additional Sessions Judge, Jalna dated 09.12.2022 in Special Case No. 397/2020 shall remain suspended on the applicant executing fresh bail bond in the sum of Rs. 15,000/- (Rs. Fifteen Thousand only) and to furnish one solvent surety in the like amount. During the pendency of the appeal the applicant shall keep the police authorities informed about his residential address and mobile number. Bail bond to be furnished in the trial Court.

4.

In view of this, criminal application is disposed off. ( KISHORE C. SANT, J. ) P.S.B.