Kashinath Wakatu Gedam v. State Of Maharashtra
2025:BHC-NAG:4993
(1) 957.appr.111.2025
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPR) NO.111 OF 2025 IN CRIMINAL REVISION APPLICATION NO.78 OF 2025 Kashinath Wakatu Gedam Vs.
State of Maharashtra through Police Station Officer Police Station Gadchiroli, District Gadchiroli -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. V. N. Morande, Counsel for the applicant. Ms. Swati Kolhe, APP for non-applicant/State. CORAM : URMILA JOSHI-PHALKE, J.
DATED : 07/05/2025 1.
By this application, the applicant is seeking suspension of sentence and releasing him on bail. 2.
Heard learned Counsel for the applicant who submitted that the applicant was charged for the offence punishable under Sections 354, 326, 504 and 506 read with Section 34 of the Indian Penal Code. In appeal, he is convicted by the Appellate Court i.e. Sessions Judge, Gadchiroli holding him guilty of the offence punishable under Section 326 of the Indian Penal Code and sentenced to suffer simple imprisonment for one year and fine Rs.5000/-, in default simple imprisonment for one month. He invited my attention towards the impugned judgment and submitted that he has many arguable points in
(2) 957.appr.111.2025 the present appeal. Moreover, the punishment imposed is of a limited period.
3.
Learned APP strongly opposed for the same and submitted that the application itself is devoid of merits.
4.
On hearing both sides and on perusal of the impugned judgment it reveals that the applicant has points out that he has many arguable points. The revision application would take its own time for its final disposal. In the meantime, if sentence is executed the application would become infructuous. In view of that, the application deserves to be allowed. Accordingly, I proceed to pass following order:
ORDER
(i) The application is allowed.
(ii) The execution of sentence passed in Criminal Appeal No.85/2019 is hereby suspended till disposal of the revision application.
(iii) The applicant shall be released on bail on executing PR Bond in the sum of Rs.25,000/- with one solvent surety in the like amount.
The application is disposed of.
(3) 957.appr.111.2025 CRIMINAL REVISION APPLICATION NO.78 OF 2025 1.
Heard.
2.
Admit.
3.
Learned APP waives notice for the State.
4.
Call for the record and proceedings.
5.
Revision application be listed before this Court after receipt of the record and proceedings. (URMILA JOSHI-PHALKE, J.) Sarkate