Raju S/O Harichandra Naik v. The State Of Maharashtra Thr. Pso Ps Nandanwan Dist.Nagpur

2024:BHC-NAG:3546 29 revn60.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL REVISION APPLICATION NO.60 OF 2024 Raju S/o Harichandra Naik Vs. State of Maharashtra __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Shri C.R. Thakur, Advocate for applicant.

Shri C.A. Lokhande, APP for non-applicant/State. CORAM :

M.W. CHANDWANI, J.

DATE : MARCH 22, 2024.

Heard.

2.

The application challenges the order dated 10.04.2018 passed by the learned Judicial Magistrate First Class, Nagpur in SCC No.27919/2014 thereby convicting the applicant for the offence punishable under Section 142 of the Maharashtra Police Act and sentenced to suffer rigorous imprisonment for six months and to pay fine of Rs.1,000/-. An unsuccessful attempt was made before the Additional Sessions Judge, Nagpur by Criminal Appeal No.132/2018.

3.

Issue notice to the non-applicant.

4.

Learned APP waives service of notice on behalf of nonapplicant/State and prays for time to file reply. 5.

On his request, stand over two weeks.

CRIMINAL APPLICATION (APPR) NO.83 OF 2024 6.

Heard.

29 revn60.24.odt 7.

This is an application for suspension of substantive sentence. By the impugned judgment and order dated 10.04.2018 in SCC No.27919/2014, the learned Judicial Magistrate First Class, Nagpur convicted the applicant for the offence punishable under Section 142 of the Maharashtra Police Act and sentenced him to suffer rigorous imprisonment for six months and to pay fine of Rs.1,000/-. 8.

Considering the term of sentence, which is relatively shorter, a case is made out of suspension of sentence. Hence, the following order:

9.

The substantive sentence imposed by judgment and order dated 10.04.2018 in SCC No.27919/2014 by the learned Judicial Magistrate First Class, Nagpur shall remain suspended pending revision application.

10.

The applicant shall furnish PR bond in the sum of Rs.15,000/- with one solvent surety in the like amount before the trial Court.

11.

The applicant shall appear before before this Court at the time of final hearing of revision application. 12.

The application stands disposed of.

JUDGE Wagh