Shridar Wamanrao Pawar v. The State Of Maharashtra Through Pso Ps Paratwada Tah.Achalpur Dist.Amravati

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPA) NO. 350 OF 2024 IN CRIMINAL APPEAL NO. 192 OF 2024 Shridhar Wamanrao Pawar V/s 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 Ms. F.N. Haidari, counsel for applicant/appellant. Mrs. R.V.Sharma, APP for the respondent/State. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 05/04/ 4.

1.

By preferring this application, the applicant/ appellant is seeking suspension of sentence and releasing the appellant on bail.

2.

The appellant is convicted by the Sessions Court for the offence punishable under Section 353 of the Indian Penal Code and sentenced to suffer simple imprisonment for three months and to pay fine of Rs. 500/-, in default, to suffer simple imprisonment for fifteen days. The appellant is also convicted for the offence punishable under Section 354 of the Indian Penal Code and sentenced to suffer simple imprisonment for three months and to pay fine of Rs. 500/-. 3.

Learned counsel for the appellant pointed out from the impugned judgment that she has many arguable points in the appeal and the appeal would take its own time for its final decision and prays for suspension of sentence.

4.

The learned APP strongly opposed the present application on the ground that appeal is devoid of merits. 5.

Having heard the learned counsel for the appellant and the learned APP for the State, the impugned judgment is also perused. From which, the appellant's counsel has pointed out that she has many arguable points. Admittedly, the appeal would take its own time for its final disposal. In the meantime, if the sentence is executed, then the appeal would become infructuous.

6.

In view of that, I proceed to pass following order:

(i) The execution of the sentence is hereby suspended till disposal of the appeal.

(ii) The applicant shall be released on bail on executing P.R. Bond in the sum of Rs.15,000/- with one solvent surety in the like amount.

7.

The application stands disposed of.

CRIMINAL APPEAL NO. 192 OF 2024 1.

Heard.

2.

ADMIT.

3.

Call for R. & P.

4.

Learned APP waives service of notice on behalf of the State.

5.

Place the appeal before the Court after preparation of the paper book.

[URMILA JOSHI-PHALKE, J.]