Suraj S/O. Arun Jadhav v. State Of Mah. Thr. Pso Ps Gadge Nagar Dist.Amravati

2024:BHC-NAG:5867

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APPR) NO. 7 OF 2024 I N CRIMINAL REVISION APPLICATION NO.05 OF 2024 Suraj s/o Arun Jadhav Vs.

State of Maharashtra, through PSO, PS Gadge Nagar, District Amravati _______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr S.V. Gandhe, Advocate for the applicant.

Ms Mukta Kavimandan, APP for the State.

CORAM :

G.A. SANAP, J.

DATE :

13.06.2024 This is an application filed by the applicant/accused for suspension of sentence and grant of bail.

2.

The applicant/accused has been convicted for the offences punishable under Sections 326 and 324 of the Indian Penal Code (for short "I.P.C."). The applicant is sentenced to suffer three years rigorous imprisonment under Section 326 of the I.P.C. and to pay fine of Rs.3000/- and under Section 324 of the I.P.C., he is sentenced to suffer rigorous imprisonment for one year and to pay fine of Rs.1000/-.

3.

The judgment and order of conviction and

sentence for the aforesaid offences passed by the learned Magistrate First Class Court No.5 Amravati on 15.05.2017 has been confirmed in appeal by the learned Additional Sessions Judge, Amravati by judgment and order dated 07.10.2023. The revision has been filed against the order of conviction and sentence dated 07.10.2023.

4.

It is stated that the applicant/accused has good case on merits. It is submitted that the applicant/accused has been in jail from 13.10.2023. It is therefore, submitted that during pendency of the revision application, he may be released on bail. Learned Advocate submitted that fine amount of Rs.4,000/- has been deposited.

5.

I have heard learned Advocate for the applicant and learned APP for the respondent/State. Perused the record and proceedings.

6.

The grounds of challenge have been set out in the revision application. The revision application will take its own time for final adjudication. In the facts and circumstances, it would be just and proper to allow this application. Hence the following order:-

ORDER

i] The application is allowed.

i) The sentence awarded by the learned Judicial Magistrate First Class, Court No.5 Amravati in Regular Criminal Case No.982/2014 and confirmed by the learned Additional Sessions Judge, Amravati in Criminal Appeal No.108/2017 vide judgment and order dated 07.10.2023 shall remain suspended during pendency of the revision application.

ii) Applicant - Suraj s/o Arun Jadhav be released on bail on his furnishing P.R. bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) and one surety in the like amount .

iii) The surety be submitted before the Appellate Court.

7.

Criminal Application (APPA) stands disposed of.

(G. A. SANAP, J.) manisha