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Bombay High CourtAPPR/247/2023allowed

Ajinkya Jayprakash Bhise v. The State Of Maharashtra Through Police Station Wardha City

2023-07-25Hon'Ble Shri Justice G. A. Sanap3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL REVISION APPLICATION NO.

OF 2023 Shri Ajinkya Jayprakash Bhise (In Jail) .Vs.

State of Maharashtra through PSO., PS. Wardha City Dist. Wardha _______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr B.H. Tekam, Advocate for the applicant.

Mrs. Mayuri Deshmukh, APP for the State.

CORAM :

G.A. SANAP, J.

DATE :

25.07.2023 Heard.

2.

Admit.

3.

Learned APP waives service of notice for nonapplicant/State. 4.

Call Record and Proceedings.

CRIMINAL APPLICATION NO.247/2023 1.

Learned APP waives service of notice for the State.

2.

This is an application for suspension of substantive sentence awarded by the learned Chief Judicial Magistrate, Wardha for the offences punishable under Sections 457 and 380 of the Indian Penal Code and confirmed the said sentence by the learned Additional Sessions Judge Wardha.

3.

The accused is sentenced to suffer simple

imprisonment for two years under Section 457 of the I.P.C. and simple imprisonment for one year under Section 380 of the I.P.C.

4.

Learned Advocate for the applicant submitted that fine imposed by the Court below has been deposited. 5.

The accused on the date of the judgment dated 07.07.2023 has been taken in custody. Considering the grounds of challenge to the impugned judgment and order, it is seen that matter is required to be heard finally on merits. Therefore, in the facts and circumstances the application is allowed.

6.

Substantive sentence awarded by the learned Chief Judicial Magistrate, Wardha and confirmed by the learned Additional Sessions Judge, Wardha shall remain suspended during the pendency of this revision application.

7.

Accused Ajinkya Jayprakash Bhise be released on bail on his furnishing P.R. Bond in the sum of Rs.15,000/- (Rs. Fifteen Thousand Only) and surety like amount. Bail before the trial Court.

8.

Application stands disposed of.

(G. A. SANAP, J.) manisha