Sanjay S/O Diliprao Kanwale v. The State Of Maharashtra

2024:BHC-AUG:4468 cran947.24 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 926 CRIMINAL APPLICATION NO. 947 OF 2024 IN REVN/64/2024 Sanjay S/o Diliprao Kanwale

VERSUS

The State of Maharashtra ...

Advocate for Applicant : Mr. Kadam Gajanan G. APP for Respondents: Mr. Satish A. Gaikwad .....

CORAM : SANJAY A. DESHMUKH, J.

DATED : 1st MARCH, 2024.

PER COURT :- 1.

This is an application for suspension of sentence awarded by the learned J.M.F.C. Hadgaon in R.C.C. No.2 of 2017 vide order dated 13.9.2019 which is confirmed by the learned Sessions Judge, Nanded in Criminal appeal No. 70 of 2019 vide order dated 23.01.2024.

2.

The trial court awarded the sentence under Section 354-A of I.P.C. to suffer R.I. for one year and to pay fine of Rs.2000/- in default to suffer S.I. for three months and under Section 448 of I.P.C. to suffer S.I. for six months and to pay fine of Rs.500/- i/d to undergo R.I. for two months.

3.

Learned advocate for the applicant submitted that the applicant has hope to succeed in the criminal revision application. He

cran947.24 -2submitted that if the sentence is not suspended, the very purpose of filing the criminal revision application would frustrate. The fine amount is already paid. Considering the facts and circumstances of the case, it would be proper to suspend the sentence awarded to the applicant. The application therefore deserves to be allowed. It is accordingly allowed.

4.

In view of the above, the substantive part of sentence awarded by the courts below are suspended till the final decision of the criminal revision application No. 64 of 2024 and the applicant be released on bail on furnishing P.R. bond of Rs.15,000/- with one surety of the like amount. Bail before the trial court. (SANJAY A. DESHMUKH, J.) rlj/