Maroti Ramkrushna Khandwaye v. State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPR) NO. 76 OF 2025 IN CRIMINAL REVISION APPLICATION NO. 47 OF 2025 Maroti Ramkrushna Khandwaye Vs State of Maharashtra Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. S.A. Thakkar, counsel for applicant.
Mrs. Swati Kolhe, APP for non-applicant/State. CORAM : URMILA JOSHI-PHALKE, J.
DATED : 25/03/2025.
1.
By preferring this application, the applicant is seeking suspension of sentence and releasing him on bail. 2.
The present revision is preferred by the applicant challenging the judgment and order of conviction passed by the Judicial Magistrate First Class, Sangrampur, in S.C.C. No.41/2015, by which the applicant was convicted for the offence punishable under Sections 294 and sentenced to suffer simple imprisonment for one month. He further convicted for the offence punishable under Section 509 of the Indian Penal Code, 1860, and sentenced to suffer simple imprisonment for two months and fine of Rs. 2000/- in default, simple imprisonment for one month, which is confirmed by the Additional Sessions Judge, Khamgaon, District Buldhana, by dismissing the appeal.
3.
Heard learned counsel applicant, who submitted that revision would take its own time for its final disposal. In
the meantime, if the sentence is executed, the revision application would become infructuous, moreover the punishment imposed is of limited period. In view of that, the execution of the sentence is suspended.
4.
The learned APP strongly opposed the said application on the ground that the revision application itself is devoid of merits.
5.
On hearing both sides and on perusal of the impugned judgment, it reveals that the punishment imposed is of a limited period, admittedly the revision would take its own time for its final disposal. In the meantime, if the sentence is executed, the revision application would become infructuous. In view of that, prayer for suspension of sentence deserves to be allowed. Accordingly, I proceed to pass the following order.
a] The criminal application is allowed.
b] The execution of the sentence imposed in Criminal Appeal No. 16/2017 is hereby suspended till disposal of the revision application.
c] The applicant shall be released on bail on executing P.R. Bond of Rs. 15,000/- with one surety of like amount.
6.
The criminal application (APPR) No. 76/2025 is disposed of.
CRIMINAL REVISION APPLICATION NO. 47 OF 2025 1.
Heard.
2.
Admit.
3.
Learned APP waives service of notice on behalf of non-applicant/State.
4.
Call for record and proceedings.
5.
Revision be listed before this Court after receipt of record and proceedings.
[URMILA JOSHI-PHALKE, J.]