Shriram @ Shrirang Mahadeorao Mendhe v. State Of Mah. Thr. Pso Wardha City Dist.Wardha

22appeal192.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPEAL NO.192 OF 2022 Shriram @ Shrirang Mahadeorao Mendhe

Versus

The State of Maharashtra, through P.S.O., P.S. Wardha City, Dist. Wardha. Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri A.M.Jaltare, Advocate for the Appellant. Shri S.A.Ashirgade, APP for the State/Respondent. CORAM : ANIL S. KILOR, J.

DATED : 01st APRIL, 2022.

1.

Heard.

2.

Admit.

3.

Call for record and proceedings.

4.

Shri S.A. Ashirgade, learned A.P.P. waives service of notice for the Respondent/State.

CRIMINAL APPLICATION (APPA) NO. 240/2022 1.

This is an application for suspension of sentence and for grant of bail.

2.

The applicant has been convicted for the offences punishable under Sections 353 and 186 of the Indian Penal Code. The applicant is sentenced to suffer rigorous imprisonment for a period of three months and to pay fine of Rs.500/- and in default he further sentenced to suffer simple imprisonment for a period of one week. The applicant is also

22appeal192.2022.odt sentenced to suffer rigorous imprisonment for a period of one year and to pay fine of Rs. 1000/- and in default he further sentenced to undergo simple imprisonment for a period of four weeks.

3.

Having gone through the findings recorded by the learned Sessions Court while convicting the applicant and on perusal of the oral evidence, I am of the opinion that in this case reappreciation and reappraisal of the evidence is necessary. Moreover, as there is no likelihood that this matter would come up for hearing in near future, the present application needs to be allowed. Hence, I pass the following order:

i] The substantive sentence imposed by the learned Additional Session Judge, Wardha in Session Case No. 64/2020, vide judgment dated 14/03/2022, is suspended till disposal of the appeal;

ii] The appellant/applicant shall be released on bail on executing P.R. Bond for Rs.15,000/- with one solvent surety in the like amount.

The Criminal Application is disposed of, accordingly. [JUDGE] rkn Signed By:RAJESH K NANDURKAR