Amit Subhash Pardeshi v. Laxmikant Mohanrao Surve

2024:BHC-AUG:6813 cran1310.24 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 951 CRIMINAL APPLICATION NO. 1310 OF 2024 IN/WITH REVN/91/2024 Amit Subhash Pardeshi

VERSUS

Laxmikant Mohanrao Surve ...

Advocate for Applicant : Mr. S.A. Ambad .....

CORAM : SANJAY A. DESHMUKH, J.

DATED : 28th MARCH, 2024.

PER COURT :- 1.

This is an application filed for suspension of sentence imposed upon the applicant.

2.

By order dated 6.2.2019 passed by the learned J.M.F.C. Court No.22, Aurangabad in S.C.C. No.2508 of 2017, the applicant is sentenced to suffer S.I. for six months and to pay a fine of Rs.8,05,650/- Against the said judgment and order, the applicant preferred criminal appeal bearing No. 43 of 2019. The said appeal is dismissed by order dated 26.2.2024, by learned Additional Sessions Judge, Aurangabad and the judgment and order passed by the learned J.M.F.C. Court No.22, Aurangabad came to be confirmed. 3.

Learned advocate for the applicant submits that the applicant has deposited 25% of the amount as per the directions of the Additional Sessions Judge, Aurangabad. He further submits that

cran1310.24 -2the applicant is ready to deposit 50% of the amount of fine/ compensation in this Court or the trial court within 15 days from today.

4.

Considering the facts and circumstances of this case, it would be proper to direct the applicant to deposit 50% of the amount of Rs.8,05,650/- including earlier deposited amount in the trial court, within 15 days from today.

5.

Subject to deposit of the amount of 50% of the total amount of Rs.8,05,650/-, including the amount which is earlier deposited, during pendency of criminal revision application, the sentence awarded by the trial court and confirmed by the appellate court shall stand suspended and the applicant be released on bail on execution of P.R. bond of Rs.25,000/- with one surety of the like amount. Bail before the trial court. The application is disposed of accordingly. 6.

In criminal revision application, issue notice to the respondent, returnable on 18.04.2024.

7.

Call for record and proceedings.

(SANJAY A. DESHMUKH, J.) rlj/