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Bombay High CourtAPPLN/1554/2023application allowed

Dattareddy S/O Vyankatreddy Koturwad v. The State Of Maharashtra

2023-04-18Hon'Ble Shri Justice S. G. Mehare2 pages

948-CrAn-1554-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1554 OF 2023 DATTAREDDY S/O VYANKATREDDY KOTURWAD

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Vikram R. Dhorde APP for Respondent : Mr. S. B. Narwade ...

CORAM : S. G. MEHARE, J.

DATE : 18.04.2023 PER COURT :

1.

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

2.

Perused the impugned judgments and orders of conviction. The applicant has been convicted for the ofences punishable under Sections 3 and 7 of the Essential Commodities Act for violating clause 3 (c) of the Liquefed Petroleum Gas (Regulation of Supply and distribution) order, 2000 and sentenced to sufer simple imprisonment for one year and fne of Rs.3,000/..

3.

The applicant has deposited the fne amount before the subordinate Appellate Court. Perusal of the judgments and

948-CrAn-1554-23.odt orders of the conviction appears that the applicant has good grounds to argue in the revision. There were no complaints against the applicant that he had misused the bail granted to him. In the facts and circumstances of the case, the applicant deserves suspension of sentence. Hence, the following order :.

ORDER

(a) Criminal Application is allowed.

(b) The implementation and execution of the sentence imposed by the learned Judicial Magistrate First Class Court No.2 Bhokar in R.C.C. No. 158/2014 for the ofences punishable under Sections 3 and 7 of the Essential Commodities Act read with clause 3 (c) of Liquefed Petroleum Gas (Regulation of supply and distribution), order, 2000 and Confrmed by the learned Additional Sessions Judge, Bhokar vide its judgment in Criminal Appeal No.10 of 2019 dated 05.04.2023, is suspended till the conclusion of the revision. (c) The applicant be released on bail on executing PB and SB of Rs.50,000/. with one solvent surety of the like amount.

(d) Bail before the learned Additional Sessions Judge, Bhokar.

( S. G. MEHARE ) JUDGE ysk