Nanbahu Shamrao Mahire v. The State Of Maharashtra And Another

2024:BHC-AUG:7451 73 APPLN.1514.2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

73 CRIMINAL APPLICATION NO. 1514 OF 2024 IN REVN/99/2024 NANBAHU SHAMRAO MAHIRE

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. Mukulanand R. Wagh. APP for Respondent No.1 / State : Mr. Rajdeep D. Raut. ...

CORAM :

SANJAY A. DESHMUKH, J.

DATE :

08th April, 2024.

P.C.:

This is an application for suspension of sentence and granting bail to the applicant.

The applicant is convicted for the offences punishable under Sections 409 and 419 of the Indian Penal Code by judgment dated 23rd April, 2014 passed by the learned Chief Judicial Magistrate, Dhule in Regular Criminal Case No.638 of 2011. Against the said judgment, the applicant filed Criminal Appeal No.36 of 2014. The said appeal was dismissed by judgment dated 19th March, 2024 delivered by the learned Additional Sessions Judge, Dhule. The learned counsel for applicant submitted that the applicant has roots in the society. He will not flee away from the trial. He has hope of success in the revision. The fine amount is also

73 APPLN.1514.2024.odt deposited. He prayed to allow this application. Perused the impugned judgments of the Trial Court as well as the Appellate Court.

Considering the peculiar set of facts of this case, the criminal application deserves to be allowed. 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.15,000/- 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