Prakash Avdhutrao Sonavane v. State Of Mah. Thr. Pso, Msedcl, Dist. Nagpur Maharashtra.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APPA) NO.756 OF 2023 IN CRIMINAL APPEAL NO.474 OF 2023 Prakash Avdhutrao Sonavane Vs. State of Maharashtra _____________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Shri R.V. Gahilot, Advocate for appellant.

Shri A.M. Kadukar, APP for respondent no.1/State. CORAM : URMILA JOSHI-PHALKE, J.

DATE : JULY 19, 2023.

This application is for suspension of sentence by preferring this appeal. The appellant is challenging the judgment and the sentence passed by the learned Additional Sessions Judge, Yavatmal, by which the appellant is held guilty and sentenced to suffer rigorous imprisonment one year and fine amount of 3,51,431.49. The appellant has ₹ challenged the said order of sentence and judgment on the ground that the learned trial Court has not considered the evidence that the appellant is not owner of the said premises he was working there. He has every chance of success in the present appeal. However, the appeal will take its own time. In the meantime, if the sentence is executed, the appeal will become infructuous.

2.

The said application is strongly opposed by the State on the ground that appellant has not deposited single penny of fine amount. He has used the electricity and committed theft of the said electricity. No case is made out for

suspension of sentence and hence prayed for rejection of the application.

3.

Having heard both sides and after going through the impugned judgment, the appellant has made arguable points, which shows that the appellant has chance of success in the present appeal. As far as the fine amount is concerned, the appellant can be directed to deposit fine amount of 50,000/- within three months. Accordingly, I ₹ proceed to pass the following order:

Order is corrected as per Hon'ble Court's order dated 31.07.2023.

ORDER

i.

The application is allowed.

Personal Assistant.

ii.

Execution of the sentence awarded by the Additional Sessions Judge, Yavatmal in Special Case No.177/2020 dated 04.05.2023 is hereby suspended till disposal of the appeal.

iii.

The appellant to deposit an amount of 50,000/- ₹ within three months.

iv.

The appellant be released on bail furnishing PR bond in the sum of 15,000/- with one surety of like amount. ₹ v.

The appellant shall furnish his cellphone number and his address with address proof.

The application is disposed of.

CRIMINAL APPEAL NO.474 OF 2023 1.

Heard.

2.

Admit.

3.

Call for record and proceedings.

4. Learned APP waives notice of hearing for respondent/State.

5.

Appeal be placed before the Court after preparation of paper book.

JUDGE Wagh