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Bombay High CourtAPPA/310/2021allowed

Shakti S/O Ramdas Gulhane v. The State Of Maharashtra, Thr. Pso Ps Wadgaon Road, Yavatmal

2021-05-18Hon'Ble Shri Justice Nitin B. Suryawanshi2 pages

1 apeal205.21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPEAL NO.205 OF 2021 [Shakti s/o Ramdas Gulhane .vs. The State of Maharashtra] --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Shri A.P. Chaware, Advocate for Appellant, Shri S.P. Deshpande, APP for Respondent.

..........

CORAM : N.B. SURYAWANSHI, J.

DATED : MAY 18, 2021.

On the oral request of the learned Advocate for the appellant, leave to correct. Heard.

Admit.

Call for record and proceedings.

Learned APP waives service for the respondent-State.

To be heard along with Criminal Appeal No.194/2021.

Criminal Application No.310/2021 This is an application seeking suspension of substantive sentence of the applicant imposed on him by the learned Sessions Judge, Yavatmal in Sessions Case No.15/2013 thereby convicting him for the offence punishable under Sections 365, 368,

2 apeal205.21 344, 346, 357, 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.

The applicant was on bail during trial and the applicant has deposited the fine amount. The substantive sentence of imprisonment imposed on the applicant is already suspended by the learned Trial Court. Hence, the following order :

O R D E R

I) Criminal Application No.310 of 2021 is allowed.

ii) The substantive sentence of imprisonment imposed on the applicant by the learned Sessions Judge, Yavatmal in Sessions Case No.15/2013 is hereby suspended during the pendency of this appeal on the same terms and conditions as are imposed by the learned trial Court.

iii) The Criminal Application is disposed of.

JUDGE Gulande