Maroti Watuji Shivarkar v. State Of Maharashtra Through Pso Ps Deoli

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPR) NO. 115 OF 2025 IN REVISION APPLICATION NO. 82 OF 2025 Maroti Watuji Shivarkar Vs 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. M.N.Ali, counsel for applicant.

Mr. Anant Ghongre, APP for the State CORAM : URMILA JOSHI-PHALKE, J.

DATED : 07/05/2025.

1.

Heard.

2.

By preferring this application, the applicant is seeking suspension of sentence and releasing him on bail. 3.

The applicant is convicted of the offence punishable under Section 354 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for one year and to pay fine of Rs. 1000/- in R.C.C. No. 635/2014, the same is confirmed in criminal appeal No. 24/2015 passed by the Additional Sessions Judge, Wardha.

4.

Learned counsel for the applicant submitted that punishment is of limited period and the revision would take its own time for its final disposal. In the meantime, if the sentence is executed, the application would become infructuous.

5.

The learned APP strongly opposed the said application and submitted that the revision itself is devoid of merits, and therefore, the application deserves to be rejected.

6.

On hearing both sides and on perusal of the impugned judgment, from which the learned counsel for the applicant has pointed out that he has many arguable points in the revision. Moreover, the punishment imposed is of a limited period. In the meantime, if the sentence is executed, the revision would become infructuous. In view of that, prayer for suspension of sentence deserves to be allowed. Accordingly, I proceed to pass the following order. a] The criminal application is allowed.

b] The execution of the sentence passed in RCC No. 635/2014 is hereby suspended till disposal of the revision c] The applicant shall be released on bail on executing P.R. Bond of Rs. 25,000/- with one solvent surety of like amount.

7.

The criminal application (APPR) No. 115/2025 is disposed of.

CRIMINAL REVISION APPLICATION NO. 82 OF 2025 1.

Heard.

2.

Admit.

3.

Learned APP waives service of notice on behalf of respondent/State.

4.

Call for record and proceedings.

5.

Application be listed before this Court after receipt of record and proceedings.

[URMILA JOSHI-PHALKE, J.]