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Bombay High CourtAPPA/668/2022allowed

Gajanan S/O Bhanudas Mankar v. The State Of Mah. Thr Officer- In Charge Of Ps, Jalgaon Jamod Tq. Jalgaon Jamod, Dist. Buldhana

2022-09-29Hon'Ble Smt. Justice M. S. Jawalkar2 pages

18. APPA 668.22 in Appeal 519.22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APPA) NO. 668 OF 2022 IN CRIMINAL APPEAL NO. 519 OF 2022 Gajanan S/o. Bhanudas Mankar ...VERSUS...

State of Maharashtra thr. Officer-in-Charge of P.S. Jalgaon Jamod, Distt. Buldhana ____________________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Shri S.A.Mohta, Advocate for appellant.

Shri A.M.Kadukar, Advocate for respondent/State.

CORAM

:

SMT. M. S. JAWALKAR,J.

DATE :

th SEPTEMBER , 2022.

The appeal is already admitted.

2.

The present application is filed for suspension of sentence and releasing the appellant on bail during the pendency of appeal. 3.

The appellant has filed present appeal challenging the judgment and order dated 21/06/2022 passed by Addl. Sessions Judge, Khamgaon, District Buldhana in Sessions Trial No. 102/2019, whereby the appellant was convicted for the offence punishable under Sections 353 and 186 of Indian Penal Code and sentenced to undergo rigorous imprisonment of 6 months and pay fine of Rs. 1,000/-. Further, he was also convicted for the offence punishable under Section 186 of IPC and awarded sentence to undergo rigorous imprisonment for 1 month and pay fine of Rs. 200/-.

18. APPA 668.22 in Appeal 519.22 4.

The appellant has already deposited the fine amount, the receipt of which is annexed to the application. Considering the quantum of punishment and the fact that the matter cannot be taken on priority in the near future. Thus, it would be appropriate to suspend the sentence of the appellant.

5.

Accordingly, execution of substantive sentence passed by learned Additional Sessions Judge, Khamgaon in Sessions Trial No. 102/2015 dated 21/06/2022 is hereby suspended. The accused be released on bail.

6.

The appellant has already furnished the P.R. bond of Rs. 15,000/- and one solvent surety in the like amount before the Trial Court, same shall continue.

7.

Accordingly, the application is disposed of.

(Smt. M.S. Jawalkar, J.) B.T.Khapekar