Shaikh Abid Shaikh Qureshi v. The State Of Maharashtra Through Pso Ps Jalgaon Jamod Dist Buldhana

2024:BHC-NAG:8560

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL REVISION APPLICATION (REVN) NO. 125 OF 2024 Shaikh Abid Shaikh Qureshi (In Jail) .Vs. The State of Maharashtra, through PSO, PS Jalgaon Jamod, Dist. Buldhana _______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr Amit Prasad, Advocate for the applicants Mr Harshal Futane, APP for respondent/State CORAM : G.A. SANAP J.

DATE : AUGUST 06, 2024 Heard.

2.

Issue notice to the respondent.

3.

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

4.

Call for record and proceedings.

CRIMINAL APPLICATION (APPR) NO. 160 OF 2024 5.

Heard.

6.

Issue notice to the respondent.

7.

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

8.

The order of conviction and sentence passed by the learned Judicial Magistrate First Class, Jalgaon Jamod has been maintained in appeal by the learned Additional Sessions Judge, Khamgaon. The accused was convicted for the offence punishable under Section 394 of the Indian Penal Code and was sentenced to suffer rigorous imprisonment for three years and pay fine of Rs.2,000/- each, in default of payment of fine to suffer rigorous imprisonment for 20 days.

9.

It is stated that the applicant has good case on merit. The grounds of challenge to the impugned order have been set out in the revision application. This Court has to examine the record and decide the revision application. It may take some time. The accused has deposited the fine amount. In my view, therefore, this is a fit case to suspend the sentence.

10.

Accordingly, the application is allowed.

11.

It is ordered that the substantive sentence passed by the learned Judicial Magistrate First Class, Jalgaon Jamdo and confirmed by the learned Additional Sessions Judge, Khamgaon vide order dated 14.06.2024, shall remain suspended during the pendency of the

revision application.

12.

Applicant - Shaikh Abid Shaikh Qureshi be released on bail on his furnishing PR bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand Only) with one surety in the like amount.

13.

The bail shall be furnished before the learned Additional Sessions Judge, Buldhana to the satisfaction of the learned Judge.

14.

The application stands disposed of, accordingly.

(G. A. SANAP, J) Namrata