Ramesh Laxminarayan Bangad v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 902 CRIMINAL APPLICATION NO. 2149 OF 2024 IN REVN/152/2024 RAMESH LAXMINARAYAN BANGAD

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Ghanekar Nilesh S. APP for Respondent/State : Mr. S. R. Wakale ...

CORAM : KISHORE C. SANT, J.

(VACATION COURT) DATE : 04th JUNE, 2024.

PER COURT :

1.

Heard the parties for some time.

2.

This Court has already admitted the revision challenging the judgment and order dated 01.06.2024 passed by the learned Additional Sessions Judge, Jalana, in Criminal Appeal No. 15 of 2002.

3.

Learned Advocate for the applicant submits that the applicant was tried for the offence punishable under Section 406 of the Indian Penal Code. He submits that the trial Court

held the applicant guilty and awarded sentence of R.I. for 1 month and to pay fine of Rs. 2500/-, in default, to undergo R.I. for 15 days. He further submits that the learned appellate Court has modified the sentence from 1 month R.I. to 1 month S.I. The amount of fine is already paid. He submits that the sentence is a short sentence and deserves to be suspended. The applicant has already surrendered on the day of the judgment itself, therefore, prayed to enlarge the applicant on bail by suspending the substantive sentence.

4.

Heard the learned APP for Respondent/State.

5.

This Court is inclined to allow the application, as the sentence is short sentence and the revision is not likely to be taken up for hearing in near future at any rate before the completion of the sentence. He has already suffered the sentence for 4 days. The fine amount is also paid. Considering the above, following order is passed :

ORDER

a) The application is allowed and disposed off.

b) The substantive sentence as awarded by the Additional Sessions Judge, Jalna, by judgment and

order dated 01.06.2024 in Criminal Appeal No. 15 of 2002 stands suspended.

c) The applicant shall be released on bail on furnishing PR bond of Rs. 15,000/- (Rs. Fifteen Thousand) with one solvent surety in the like amount on following conditions :

i) The applicant shall keep inform to the concerned police station about his residential address, mobile number etc. and other contact details, in case of any change.

ii) He shall not leave the country without obtaining prior permission from this Court.

( KISHORE C. SANT ) JUDGE mahajansb/