Shankar Nagnath Shrimangale v. The State Of Maharashtra

criap4647.16 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4647 OF 2016 IN CRIMINAL REVISION APPLICATION NO.188 OF 2016 Shankar Nagnath Shrimangale ..APPLICANT

VERSUS

The State of Maharashtra ..RESPONDENT Mr R.B. Narwade Patil, Advocate for applicant; Mr R.V. Dasalkar, Addl. Public Prosecutor for respondent CORAM : N.W. SAMBRE, J.

DATE : 23rd August, 2016 ORAL ORDER :

Heard.

2.

By judgment dated 12th September, 2012, learned 6th Judicial Magistrate First Class, Nanded, in Regular Criminal Case No.34 of 2007, convicted the applicant for offence punishable under section 363 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for one year and to pay fine of Rs.500/-, in default to suffer further imprisonment for fifteen days. He further convicted the applicant for offence punishable under section 511 read with section 377 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for six months and to pay fine of Rs.500/-, in default to suffer further imprisonment for fifteen days. 3.

The aforesaid conviction and sentence has been upheld by the learned Additional Sessions Judge-1, Nanded by judgment and order dated 1st August, 2016, passed in Criminal Appeal No.80 of 2012.

criap4647.16 (2) 4.

The revision preferred by the applicant is admitted by this Court. The applicant was on bail during the trial. He has already deposited the amount of fine.

5.

In view thereof, the substantive sentence is suspended. The applicant be released on bail on the same terms on which he was admitted to bail by the learned Trial Court.

6.

Learned Counsel appearing on behalf of the applicant undertakes to file private paper-book within a period of twelve weeks from today. If the paper-book is not filed within stipulated period, the Court will be required to reconsider the order in relation to suspension of substantive sentence and release of the applicant on bail.

Criminal Application stands allowed in above terms. (N.W. SAMBRE, J.) amj