Chandrajeet S/O Subhashchandra Rumale And Another v. The State Of Maharashtra, Thr. Pso., Ps., Wadgaon Road, Dist. Yavatmal

4 appeal 179-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPEAL NO. 179 OF 2021 Chandrajeet S/o Subhashchandra Rumale and another ...Versus...

State of Maharashtra through PSO, P.S. Wadgaon Road, District Yavatmal - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders or directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- - - Shri N.B. Jawade, Advocate for the appellants Shri M.J. Khan, A.P.P. for respondent/State CORAM : N.B.SURYAWANSHI, J.

DATE : 27/04/2021 Hearing was conducted through Video Conferencing and the learned counsel agreed that the audio and visual quality was proper.

2.

Heard 3.

Admit.

4.

Call for Record and Proceedings.

5.

The learned Additional Public Prosecutor waives service for the respondent/State.

CRIMINAL APPLICATION (APPA) NO. 281/2021 1.

Heard.

2.

This application is filed under Section 389 of the Code of Criminal Procedure seeking suspension of substantive sentence of imprisonment imposed on the applicant/appellant by the learned Sessions Judge, Yavatmal

4 appeal 179-2021.odt in Sessions Case No. 15/2013, thereby convicting the applicant/appellant under Sections 365, 368, 344, 346, 357 and 324 r/w Section 34 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for three years and to pay a fine of Rs. 500/- on each count. 3.

The applicant has deposited the fine amount and the substantive sentence of imprisonment is suspended by the learned Trial Court under Section 389(3) of the Code of Criminal Procedure. In that view, criminal application is allowed. The substantive sentence of the applicant imposed by the learned Sessions Judge, Yavatmal in Sessions Case No. 15/2013 is hereby suspended on same terms and conditions as imposed by the learned Trial Court. 4.

Criminal application is disposed of.

JUDGE J.Pethe