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Bombay High CourtAPPLN/3553/2022disposed off

Anil Manikrao Palode v. The State Of Maharashtra

2022-10-19Hon'Ble Shri Justice Kishore C. Sant2 pages

1 908-appln 3553-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3553 OF 2022 IN CRIMINAL APPEAL NO. 789 OF 2022 Anil Manikrao Palode .. Applicant

Versus

The State of Maharashtra .. Respondent Mr. S. S. Khoche, Advocate h/f Mr. D. P. Palodkar, Advocate for the Applicant.

Mrs. P. V. Diggikar, APP for Respondent.

CORAM : KISHORE C. SANT, J.

DATED : 19th OCTOBER, 2022.

P. C. :- 1.

Heard learned advocate for the applicant.

2.

This is an application for suspension of sentence imposed by the learned Adhoc-4 Additional Sessions Judge, Aurangabad dated 20.09.2022 in Sessions Case No. 67/2020. The applicant is held guilty for offences punishable under Sections 353, 332 of the Indian Penal Code and he is directed to suffer rigorous imprisonment for a period of one year and to pay fine of Rs. 5,000/- (Rs. Five Thousand only) in default to suffer simple imprisonment for fifteen days and to suffer rigorous imprisonment for six months and to pay fine of Rs. 3,000/-

2 908-appln 3553-22.odt (Rs. Three Thousand only) in default to suffer simple imprisonment for fifteen days respectively.

3.

The learned advocate for the applicant submits that the sentence is a short sentence. Looking to the pendency of the appeal, this appeal is not likely to be taken up for final hearing in near future. He submits that the sentence is already suspended by the learned Trial Court on the same day. He has deposited the entire amount of fine. It is further submitted that during the pendency of the trial, the applicant was on bail. There is no complaint of misuse of the liberty. Hence, I pass the following order.

4.

The sentence awarded by the learned Adhoc-4 Additional Sessions Judge, Aurangabad by order dated 20.09.2022 in Sessions Case No. 67/2020 shall stand suspended on executing fresh bail and bond in the sum of Rs. 25,000/- (Rs. Twenty Five Thousand only) with one surety in the like amount.

5.

Criminal application is disposed of.

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