Vishal S/O Prakash Giri v. The State Of Maharashtra Thr. Pso Ps Kuhi Dist.Nagpur

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPA) STAMP NO. 3848 OF 2024 IN CRIMINAL APPEAL STAMP NO. 3847 OF 2024 Vishal s/o Prakash Giri 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 Mr. A.G. Hunge, counsel for applicant/appellant. Mr. M.J.Khan, APP for the respondent/State.

CORAM : URMILA JOSHI-PHALKE, J.

DATED : 08/05/ 1.

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

2.

Learned counsel for the appellant submitted that appellant was prosecuted for the offence punishable under Sections 353 and 332 of the Indian Penal Code, 1860. After appreciation of the evidence, the learned trial Court held him guilty of the offence punishable under Section 353 and sentenced him to suffer S.I. for the period of six months and to pay fine of Rs. 3,000/-, in default, further S.I for the period of two months. He also convicted for the offence punishable under Section 332 and sentenced to suffer S.I. for the period of six months and pay fine of Rs. 3000/- in default, further S.I. for the period of two months. 3.

Learned counsel for the appellant submitted that the sentence imposed is for a limited period. The learned

trial Court has not appreciated the evidence in proper perspective. The appellant has every chance of success and also pointed out from the impugned judgment that he has many arguable points in the present appeal, but the appeal would take its own time for its final decision. In the meantime, if the sentence is executed, the appeal would become infructuous.

The learned APP strongly opposed the present application on the ground that the appeal itself is devoid of merits and the application deserves to be rejected. 5.

Having heard the learned counsel for the appellant and the learned APP for the State, perused the impugned judgment. From which, the learned counsel for the appellant pointed out, he has many arguable points. Admittedly the appeal would take its own time for its final decision. The sentence imposed is for a limited period, if the sentence is executed, the appeal would become infructuous. Moreover, the appellant has also made out the arguable points which can be considered while considering the appeal. 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 appellant shall be released on bail on executing P.R. Bond in the sum of Rs.15,000/- each with one solvent surety in the like amount.

7.

The application (APPA) Stamp No. 3848/2024 stands disposed of.

CRIMINAL APPEAL STAMP NO. 3847 OF 2024 1.

Heard.

2.

ADMIT.

3.

Call for R. & P.

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.]