Pandurang Maroti Nandne And Another v. The State Of Maharashtra Thr. Pso Ps Tamgaon Dist.Buldhana

2024:BHC-NAG:3867 37 APPR-57-2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APPR) NO.57 OF 2024 [Pandurang Maroti Nandne and Anr. ..Vs.. The State of Maharashtra] ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Ms Haidari, Advocate for Applicants.

Ms H. Dhande, APP for Non-Applicant/State.

CORAM : M. W. CHANDWANI, J.

DATE : 2 nd APRIL , 202 4 .

.

Heard.

2.

The applicants seek suspension of substantive sentence passed in Regular Criminal Case No.310 of 2010 passed by the learned Judicial Magistrate First Class, Sangrampur, District Buldhana, for the offence punishable under Sections 452 and 326 read with Section 34 of the Indian Penal Code, 1860. The applicants were sentenced to suffer rigorous imprisonment for a term of six months and two years respectively. An unsuccessful attempt was made by the applicants before the learned Additional Sessions Judge, Khamgaon, District Buldhana, by filing Criminal Appeal No.16 of 2013, which came to be dismissed.

3.

A substantive sentence by the learned JMFC, Sangrampur, District Buldhana, is for relatively shorter fixed term of two years. During pendency of the appeal, the applicants were on bail. The hearing of the revision application will take considerable time. In case, the applicants succeed in this proceedings, the position will be irreversible. TAMBE

37 APPR-57-2024 Hence, I proceed to pass the following order :

O R D E R

i) Pending the revision application, the substantive sentence passed by the learned JMFC, Sangrampur, District Buldhana, in Regular Criminal Case No.310 of 2010, shall remain suspended.

ii) The applicants namely Pandurang Maroti Nandne and Maroti Pandurang Nandne shall be released on bail on their furnishing P.R. Bond in the sum of Rs.25,000/- each with one solvent surety in the like amount.

iii) The applicants shall appear before this Court, at the time of final hearing of revision application. 4.

The criminal application is disposed of accordingly. CRIMINAL REVISION APPLICATION (REVN) NO.44 OF 2024.

5.

Heard.

6.

Admit 7.

Call for record and proceedings.

8.

Ms Dhande, learned APP, waives notice on behalf of non-applicant/State.

9.

After receipt of record and proceedings, place the matter before the Court for final hearing.

(JUDGE) TAMBE