Dhanaji Bhima Shelar v. The State Of Maharashtra

2024:BHC-AUG:6146 25 APPLN.1218.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

25 CRIMINAL APPLICATION NO. 1218 OF 2024 IN REVN/79/2024 DHANAJI BHIMA SHELAR

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Ms. Sayali Takale, h/f Mr. Prasanna Diliprao Dadpe. APP for Respondent/State : Mrs. Dipali S. Jape. ...

CORAM :

SANJAY A. DESHMUKH, J.

DATE :

18th March, 2024.

P.C.:

This is an application for suspension of sentence awarded to the applicant by the learned Additional Sessions Judge, Bhoom, District Osmanabad vide judgment dated 12th March, 2024 delivered in Criminal Appeal No.4 of 2021. The said appeal is filed against the judgment dated 26th September, 2019 delivered in Regular Criminal Case No.122 of 2016 by the learned Judicial Magistrate First Class, Bhoom, District Osmanabad.

The applicant is sentenced to suffer rigorous imprisonment for two years and fine of Rs.10,000/- and in default of fine, sentenced to suffer one month simple imprisonment.

The learned counsel for applicant submits that the applicant has roots in the society and he will not flee away form the trial. There is

25 APPLN.1218.24.odt substance in the grounds of revision. The applicant has hope of success. He prayed to allow the application. The learned APP strongly opposed the application and submitted that the applicant is sentenced in the serious crime of outraging the modesty of a woman. It is lastly prayed to reject the application.

Considering the facts and circumstance of the case, the application deserves to be allowed in terms of prayer clause (B). During pendency of the criminal revision application, the execution of sentence awarded to the applicant is suspended and the applicant be released on bail on executing P. R. bond of Rs.50,000/- with one surety of the like amount. The bail bond shall be furnished before the Trial Court.

The criminal application is disposed of.

[ SANJAY A. DESHMUKH, J. ] nga