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Bombay High CourtAPPLN/603/2022application allowed

Sumanbai W/O. Ghansham Dawane v. The State Of Maharashtra

2022-03-04Hon'Ble Shri Justice M. G. Sewlikar2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 934 CRIMINAL APPLICATION NO. 603 OF 2022 IN CRIMINAL REVISION APPLICATION NO.58 OF 2022 SUMANBAI W/O. GHANSHAM DAWANE

VERSUS

THE STATE OF MAHARASHTRA Shri. P. M. Gaikwad, Advocate for the applicant Smt. R. P. Gour, APP for the respondent/State CORAM : M. G. SEWLIKAR, J.

DATED : 4th March, 2022 PER COURT :- 1.

Learned counsel Shri. Gaikwad for the applicant submits that misappropriation is to the tune of Rs.15,000/- that has been already deposited. The Trial Court has recorded conviction under Section 409 read with Section 34 of the I.P.C. and sentenced him to suffer rigorous imprisonment for two years and to pay fine of Rs. 5,000/- in default to suffer rigorous imprisonment for one month. Appeal preferred against this judgment and order before the learned Additional Sessions Judge came to be dismissed by the order dated 17th January, 2022.

2.

In view of this and considering the quantum of ca603.22.odt

sentence and that the revision is not likely to come up for hearing in near future, I am inclined to suspend the substantive sentence. Hence the following order is passed.

ORDER

1.

Application is allowed.

2.

Substantive sentence be suspended till the disposal of the revision.

3.

Applicant be released on bail on his furnishing PR bond of Rs. 15,000/- (Rupees Fifteen Thousand only) with one solvent surety in the like amount.

4.

Bail in the Trial Court.

[M. G. SEWLIKAR, J.] ssp ca603.22.odt