Jagdish S/O Kashinath Wakode v. State Of Mha. Thr. Pso Ps Civil Lines Akola Tah. And Dist.Akola

1 915.cr.rev.181.22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL REVISION NO.

181/2022 Jagdish s/o. Kashinath Wakode Vs. State of Maharashtra ........................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order or directions and Registrar's orders .............................................................................................................................................. Mr. A. M. Tirukh, Advocate for the Applicant. Ms. H. Jaipurkar, A.P.P. for Non-applicant(s)/State. CORAM : AMIT B. BORKAR, J.

DATED :

2nd AUGUST, 2022.

.

Heard.

2.

Admit.

3.

Ms H. Jaipurkar, learned A.P.P. waives notice for Non-applicant/State.

CRIMINAL APPLICATION (APPR) NO.247/2022 .

This is an application under Section 389 of the Code of Criminal Procedure for suspension of substantive sentence imposed by the learned Additional Sessions Judge, Akola in the judgment and order dated 18/07/2022 in Criminal Appeal No.111/2017.

2.

The applicant has been convicted for the offences punishable under Sections 279, 304-A, 338 of the Indian Penal Code and Section 181 of the Motor Vehicles Act, 1988. The sentences imposed are for a period of two years and also for a period of four months.

2 915.cr.rev.181.22.odt 3.

The learned Advocate for the applicant states that the applicant was on bail during the pendency of the trial and the appeal.

4.

The sentence imposed is of two years, it is unlikely that the revision will be heard in near future. It is also undisputed that during the pendency of the trial and the appeal, applicant had not misused the liberty granted to him. Applicant has made out a case for suspension of sentence.

5.

I, therefore, pass the following order :

i] The application under Section 389 of the Code of Criminal Procedure is allowed.

ii] The substantive sentence imposed on applicant is hereby suspended.

iii] Applicant shall be released on bail on he furnishing P. R. Bond of Rs.10,000/- with one solvent surety in the like amount.

iv] Applicant shall report to the learned Sessions Judge, Akola once in a year in the first week of January of each year.

6.

The application stands disposed of.

JUDGE RGurnule MANOJ MANDADE 16:48