Sunil Kashinath Gedam v. State Of Maharashtra
2025:BHC-NAG:4992
(1) 956.appr.109.2025
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPR) NO.109 OF 2025 IN CRIMINAL REVISION APPLICATION NO.77 OF 2025 Sunil s/o Kashinath 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. H. N. Prabhu, 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 448, 354, 354-A and 354-B of the Indian Penal Code. He submitted that in Criminal Appeal No.6/2022, the conviction and sentence passed by the learned trial Court for the offence punishable under Section 354 of the Indian Penal Code is modified as sentenced to suffer simple imprisonment for two years and fine of Rs.5,000/-, in default to suffer simple imprisonment for two months and conviction and sentenced passed by the trial Court for the offence punishable under Section 448 of
(2) 956.appr.109.2025 the Indian Penal Code is maintained. From the impugned judgment, he has pointed out that he has many arguable points in the present revision application. The revision would take its own time for its final disposal. In the meantime, if sentence is executed then the revision application would become infructuous.
3.
Learned APP strongly opposed for the same on the ground that the revision application itself is devoid of merits.
4.
After hearing both sides and on perusal of the impugned judgment from which the learned Counsel has pointed out that he has many arguable points. Moreover, the punishment imposed is of a limited period, 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.6/2022 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) 956.appr.109.2025 CRIMINAL REVISION APPLICATION NO.77 OF 2025 1.
Heard.
2.
Admit.
3.
Learned APP waives notice for the State.
4.
Call for record and proceedings.
5.
Revision be listed before this Court after receipt of the record and proceedings.
(URMILA JOSHI-PHALKE, J.) Sarkate