Dinesh S/O. Govindrao Diware v. The State Of Mah. Thr. Ps Dabki Road Akola Tah. Akola Dist. Akola.

2024:BHC-NAG:1160

(1) 11.appa.103.2024

IN THE HIGH COURT OF

JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPA) NO.103 OF 2024 IN CRIMINAL APPEAL NO.51 OF 2024 Dinesh s/o Govindrao Diware Vs.

State of Maharashtra, Through Police Station, Dabki Road, Akola, District Akola ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. K. R. Giripunje, Advocate, h/f Mr. S. V. Sirpurkar, Advocate for applicant. Mr. A. R. Chutke, APP for respondent/State.

CORAM :

URMILA JOSHI-PHALKE, J.

DATED : 30/01/2024 1.

By preferring this appeal, the applicant is seeking suspension of sentence and releasing him on bail.

2.

The learned Counsel for the applicant submitted that the applicant was convicted for the offence punishable under Section 324 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for three years and fine of Rs.5,000/-. The fine amount is already deposited. He further submitted that the applicant has many arguable points in the present appeal, as learned trial Court has not appreciated the evidence in proper perspective. The appeal will take its own time for final decision. In the meanwhile, if sentence is executed, the appeal will become

(2) 11.appa.103.2024 infructuous. In view of that, I proceed to pass following order.

ORDER

(i) The execution of the sentence is hereby suspended till disposal of the appeal.

(ii) The applicant Dinesh s/o Govindrao Diware be released on bail on executing PR bond in the sum of Rs.15,000/- with one solvent surety in the like amount. The application is disposed of.

CRIMINAL APPEAL NO.51 OF 2024 1.

Heard.

2.

Admit.

3.

Learned APP waives notice for the respondent/State.

4.

Call for record and proceedings.

5.

Appeal be placed before the Court after preparation of the paper book.

(URMILA JOSHI-PHALKE, J.) Sarkate