Satish Eknath Lokhande v. State Of Mah. Thr. Pso Ps Seloo Tah. And Dist.Wardha And Another

1 / 3 08-Revn 80.2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL REVISION APPLICATION NO. 80 OF 2023 SATISH EKNATH LOKHANDE VS STATE OF MAHARASHTRA THROUGH PSO PS SELOO TAH. AND DIST.WARDHA AND ANOTHER ---------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court'

s orders Court'

s or Judge'

s Orders.

or directions and Registrar'

s orders.

---------------------------------------------------------------------------------------------- Shri. M. N. Ali, Advocate for applicant.

Smt. Mayuri Deshmukh, APP for respondent No.1 State

CORAM

: G. A. SANAP J.

DATE : 11/04/2023 Issue notice to the respondents, returnable within three weeks.

2.

Smt.Mayuri Deshmukh, learned APP waives service of notice on behalf of respondent No.1 State.

3.

The in-charge of the concerned Police Station shall ensure the service of notice to the respondent No.2 victim.

CRIMINAL APPLICATION (APPR) NO. 115 OF 2023 Learned APP waives service of notice on behalf of respondent No.1 State.

2.

Leaned APP submits that considering the nature of the sentence awarded, the application can be disposed of finally.

2 / 3 08-Revn 80.2023 3.

This is an application for suspension of substantive sentence i.e. rigorous imprisonment for two years. The appeal filed against the conviction for the offence punishable under Section 354 of the Indian Penal Code came to be dismissed on 27/03/2023.

4.

Learned Advocate for the applicant submits that on 27/03/2023, the applicant/accused has been taken up in the custody. The learned Advocate submits that the applicant has a good case on merits. The substantive sentence is that the accused has to undergo two years of rigorous imprisonment. It is further pointed out that the accused has deposited the fine amount of Rs.25000/- (Rupees Twenty Five Thousand only) in the Trial Court.

5.

Learned Advocate further submits that the revision application may take its own time for final adjudication and therefore, during such period the applicant/accused cannot be detained behind the bars. Therefore, the substantive sentence may be stayed and matter be heard and decide on merits.

3 / 3 08-Revn 80.2023 6.

Learned APP submits that considering the nature of the sentence, the Court may pass appropriate orders.

7.

In the facts and circumstances of the present case, the application is allowed.

8.

The substantive sentence awarded by the learned Magistrate and confirmed by the learned Additional Sessions Judge, Wardha shall remain suspended during the pendency of this revision application.

9.

The applicant/accused be released on bail, on his furnishing P. R. Bond of Rs.15000/- (Rupees Fifteen Thousand only) and surety in the like amount.

10.

The victim shall not be subjected to any kind of harassment.

11.

Application is disposed of.

[ G. A. SANAP, J. ] CHANDRAKANT KOLHE 19:05