Sagar Shriram Sindalkar v. The State Of Maharashtra
(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 9 CRIMINAL APPLICATION NO. 1611 OF 2025 IN REVN/159/2025 SAGAR SHRIRAM SINDALKAR ....Applicant
VERSUS
THE STATE OF MAHARASHTRA .....Respondent WITH CRIMINAL REVISION APPLICATION NO. 159 OF 2025 Mr. S. S. Panale, Advocate for the applicant Mr. R. K. Ingole, APP for the respondents/State CORAM : ABHAY J. MANTRI, J.
DATE : 22nd SEPTEMBER, 2025 PER COURT :
1.
Leave is granted to correct the date of the conviction order passed by the learned JMFC, Chakur, in the prayer clause. 2.
The applicant/original accused has filed this application for suspension of substantive sentence imposed upon him vide judgment and order dated 28-08-2023 passed by learned JMFC, Chakur in RCC No. 130/2018 whereby he was sentenced for the offences punishable under Section 354 and 341 of the IPC for a period of one year and to pay fine of Rs.5000/- [Rupees Five Thousand Only] in default to suffer SI for one month. The learned Additional Sessions Judge, Latur, confirmed the said order vide order
(2) dated 02-05-2025. Against the said order, the applicant has preferred this revision, and in the revision, he has moved this application. 3.
The learned advocate for the applicant submitted that the sentence was suspended, and the applicant, during the pendency of the trial, was released on bail on furnishing PB and SB of Rs. 15,000/-. Therefore, he urged that the interim order dated 20-052025 of this court of suspension be confirmed till the disposal of the revision application, for which the learned APP has objected. 4.
On perusal of the record, it appears that this court, while passing the order on 20-05-2025, has considered in detail the submissions made by the learned advocate for the applicant and learned APP and thereafter passed the order.
5.
It further appears that the applicant has preferred this revision application to challenge both orders. The appeal will take its own time to be finally decided. Similarly, the learned advocate for the applicant has pointed out the evidence of PW-4 on record and submitted that he gave ample admissions during his crossexamination. However, both the learned courts below have not considered the evidence in proper perspective and erred in passing the conviction order.
6.
Having considered the aforesaid submissions as well as facts of the case and perusal of the record, in my opinion, it would be
(3) appropriate to confirm the order dated 20-05-2025 till final disposal of the criminal revision application. Hence, the order dated 20-052025 is hereby confirmed till the disposal of the criminal revision application.
7.
The criminal application stands disposed of.
CRIMINAL REVISION APPLICATION 1.
Heard the learned advocate for the applicant, learned APP and perused the record.
2.
Having considered the grounds raised in the revision memo, the revision is 'admitted'.
3.
The learned APP waives service of notice for the respondents/State.
4.
List the matter after receipt of R & P.
[ABHAY J. MANTRI, J. ] VishalK/9criapln1611.25.odt