Shri Bhavani Agri Agro And Milk Products Pvt Ltd Through Its Representative Sambhaji Rambhau Lagad v. Shatrughna Gabaji Kharpude

2024:BHC-AUG:9926 cran1908.24 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 902 CRIMINAL APPLICATION NO. 1908 OF 2024 IN REVN/124/2024 Shri Bhavani Agri Agro And Milk Products Pvt Ltd Through Its Representative Sambhaji Rambhau Lagad

VERSUS

Shatrughna Gabaji Kharpude ...

Advocate for Applicant : Ms. Vishakha Patil i/b M/s. Talekar And Associates .....

CORAM : SANJAY A. DESHMUKH, J.

DATED : 7th MAY, 2024.

PER COURT :- 1.

Heard.

2.

This application is filed with a prayer that during pendency of criminal revision application, the substantive part of sentence awarded by the learned Judicial Magistrate, First Class, (Court No.3) Ahmednagar in S.C.C. No.2933 of 2016 on 17.01.2023 and the same is confirmed by the learned Additional Sessions Judge, Ahmednagar, in Criminal appeal No.59 of 2023, vide judgment and order dated 22.04.2024, may be suspended/stayed and the applicant be released on bail.

3.

Learned advocate for the applicant submits that during pendency of the trial as well as the appeal, the applicant was on bail and he has not misused the liberty granted by the both the courts.

cran1908.24 -2The applicant has deposited 20% of the amount of cheque plus the amount of compensation. Considering the peculiar set of facts it would be proper to direct the applicant to pay 20% more amount out of the entire amount of cheque.

4.

In view of above, the criminal application is allowed. 5.

During pendency of criminal revision application No. 124 of 2024, subject to deposit of 20% more amount out of entire amount of cheque, the substantive part of sentence awarded by the learned Judicial Magistrate, First Class, (Court No.3) Ahmednagar in S.C.C. No.2933 of 2016 on 17.01.2023 and confirmed by the learned Additional Sessions Judge, Ahmednagar, in Criminal appeal No.59 of 2023, vide judgment and order dated 22.04.2024, stands suspended. 6.

The application is disposed of.

(SANJAY A. DESHMUKH, J.) rlj/