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Bombay High CourtAPPA/228/2024allowed

Sahil Dhanpal Kamble v. The State Of Maharashtra Through Pso Ralegaon Tq. Ralegaon Dist. Yavatmal And Another

2024-08-01Hon'Ble Justice Urmila Joshi Phalke2 pages

46.appa.228.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION NO.228 OF 2024 IN CRIMINAL APPEAL NO.121 OF 2024 (Sahil Dhanpal Kamble Vs. State of Maharashtra and anr.) -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Mr. Y. Dhande, Advocate for the applicant.

Mr. M.J. Khan, APP for the State.

Mr. A.G. Hunge, Advocate (appointed) for respondent No.2. CORAM:- URMILA JOSHI-PHALKE, J.

DATED :- AUGUST 1, 2024 Heard.

2.

By preferring this appeal, the appellant has challenged the order and judgement passed by the Sessions Judge, Yavatmal in Special Case No.27/2022 by which the appellant is sentenced to suffer three month simple imprisonment and fine of Rs.500/- by holding him guilty of the offence punishable under Section 506 of the Indian Penal Code. The punishment imposed is of a limited period. The appeal would take its own time for its final decision. In the meantime, if sentence is executed, the appeal would become infructuous. In view of that, the execution of the sentence is suspended till disposal of the appeal. I proceed to pass following order :

(i) The application is allowed.

(ii) The execution of the sentence vide order and judgement dated 17/01/2024

46.appa.228.24.odt passed by the Sessions Judge, Yavatmal in Special Case No.27/2022 is hereby suspended till final disposal of the appeal.

(iii) The appellant - Sahil Dhanpal Kamble be released on bail on executing P.R. Bond in the sum of Rs.25,000/- (Rs. Twenty five thousand) with one surety, in the like amount.

3.

The application stands disposed of.

4.

The fees of the appointed Counsel be quantified as per rules.

CRIMINAL APPEAL NO.121 OF 2024 Heard.

2.

ADMIT.

3.

Learned APP waives notice for the State.

4.

Call for R. & P.

5.

Place the appeal before the Court after preparation of the paper book.

(URMILA JOSHI-PHALKE, J.) *Divya