Sanket Popat Jadhav v. The State Of Maharashtra

1 905-appln 3536-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3536 OF 2022 IN CRIMINAL APPEAL NO. 782 OF 2022 Sanket Popat Jadhav .. Applicant

Versus

The State of Maharashtra .. Respondent Ms. Pallavi P. Wangikar, Advocate h/f Mr. R. V. Gore, Advocate for the Applicant.

Mr. Y. G. Gujarathi, APP for Respondent.

CORAM : KISHORE C. SANT, J.

DATED : 19th OCTOBER, 2022.

P. C. :- 1.

Issue notice to respondent, returnable forthwith. Learned APP waives notice for respondent/State.

2.

Heard learned advocate Ms. Wangikar holding for learned advocate Mr. Gore for the applicant.

3.

Appeal is filed against the judgment and order dated 16.09.2022 passed by the learned Additional Sessions Judge, Vaijapur holding the applicant guilty for an offence punishable under Section 324 of the Indian Penal Code and he is directed to suffer rigorous imprisonment for one year and to pay fine of Rs. 2,000/- (Rs. Two Thousand only)

2 905-appln 3536-22.odt and in default to suffer simple imprisonment for one month. 4.

It is submitted that the sentence is only for one year. The applicant is already protected by the learned Trial Court. He has already executed surety bond in the sum of Rs. 15,000/- (Rs. Fifteen Thousand only). The fine amount is also paid on the date of judgment itself. Learned advocate further submits that the appeal is not likely to be heard in near future for final hearing and she prays for suspension of the sentence.

5.

In view of the submissions above, the sentence awarded by order dated 16.09.2022 by the learned Additional Sessions Judge, Vaijapur in S.C. No. 230/2012 is suspended. The applicant would submit fresh bail and bond in the sum of Rs. 15,000/- (Rs. Fifteen Thousand only). 6.

The criminal application is disposed of.

( KISHORE C. SANT, J. ) P.S.B.