Krushna @ Sachin Kundlik Rathod v. The State Of Maharashtra

1 19-appln 1000-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1000 OF 2023 IN CRIMINAL APPEAL NO. 213 OF 2023 Krushna @ Sachin Kundlik Rathod .. Applicant

Versus

The State of Maharashtra .. Respondent Mr. K. R. Yadav-Lonikar, Advocate h/f Mr. S. J. Salunke, Advocate for the Applicant.

Mr. Y. G. Gujarathi, APP for Respondent.

CORAM : KISHORE C. SANT, J.

DATED : 24th MARCH, 2023.

P. C. :- .

Heard learned advocate for the applicant and learned A.P.P. for respondent/State.

2.

This is an application seeking suspension of sentence as awarded by the learned Additional Sessions Judge, Parbhani by the judgment and order dated 27.02.2023 in Sessions Trial No. 142/2022. The applicant is held guilty for the offences punishable under Sections 353, 332, 341 of the Indian Penal Code (for short "I.P.C."). He is sentenced to suffer simple imprisonment for two (02) years for the offences punishable under Sections 353, 332 of the I.P.C. He is directed to suffer

2 19-appln 1000-2023.odt simple imprisonment for fifteen (15) days for the offence punishable under Section 341 of the I.P.C. No fine is imposed. 3.

Learned advocate for the applicant submits that, on the date of judgment, learned Sessions Court has suspended the sentence. During the trial also he was on bail and there is no complaint of misuse of liberty.

4.

Considering the above submissions and the fact that, the appeal is not likely to be heard in near future, this Court feels that, sentence be suspended. Hence, the following order.

5.

The criminal application is allowed.

6.

The sentence as awarded by the learned Additional Sessions Judge by the judgment and order dated 27.02.2023 for the offences punishable under Sections 353, 332, 341 of the I.P.C. stands suspended till the appeal is pending.

7.

The applicant to furnish fresh bail and bond in the sum of Rs. 15,000/- (Rs. Fifteen Thousand only) with one solvent surety. The applicant shall furnish his permanent address and contact details such as mobile number to the concerned police station. He shall also keep the police informed if there is any change in the contact details or the

3 19-appln 1000-2023.odt address of the applicant.

8.

The criminal application stands disposed off. ( KISHORE C. SANT, J. ) P.S.B.