Walmik Ruplal Sonawane v. Sanjay Baburao Torne

906-APPLN-2783-2022 IN REVN-245-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2783 OF 2022 IN REVN/245/2022 WALMIK RUPLAL SONAWANE

VERSUS

SANJAY BABURAO TORNE . . .

Advocate for Applicant : Mr. Mahesh K. Bhosale . . .

CORAM : BHARAT P. DESHPANDE, J.

DATED : 24th AUGUST 2022 PER COURT :

This is an application for suspension of sentence and grant of bail. 2.

Heard learned counsel for the applicant.

3.

Learned counsel for the applicant submits that applicant was convicted for the offence punishable under section 138 of the Negotiable Instruments Act, 1881 by the learned Magistrate, vide its Judgment dated 30th January 2019 in S.C.C. No.788 of 2015.

4.

The applicant challenged the said Judgment and conviction before the learned District Judge, Shrirampur, Dist. Ahmednagar. However, vide its Judgment dated 28th July 2022 arising out of Criminal Appeal No. 9 of 2019 the said appeal was dismissed.

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906-APPLN-2783-2022 IN REVN-245-2022.odt 5.

Learned counsel for applicant submits that applicant has deposited in fact an amount of Rs. 55,000/- before the trial court. He then submitted that the applicant is ready and willing to deposit Rs.20,000/- before this Court. Since there are arguable grounds raised in the revision application, the substantive sentence awarded by the courts below is required to be suspended. Hence the order :

ORDER

(i) Criminal application stands allowed.

(ii) The substantive sentence passed by the courts below is hereby suspended till final decision of criminal revision application.

(iii) The applicant shall be released on bail on furnishing P.R. bond of Rs.15,000/- with one solvent surety in the like amount to the satisfaction of the learned Magistrate and on condition of deposit of Rs.20,000/- with this Court within a period of two weeks from today.

(iv) Criminal application stands disposed of. ( BHARAT P. DESHPANDE, J.) Tandale/- 2/2