Shri. Ramchandra S/O. Murlidhar Sawarkar v. State Of Maharashtra Thr. Police Station Officer Police Station Seloo Dist. Wardha

revn.115.17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL REVISION NO. 115 OF 2017 ( Ramchandra S/o Murlidhar Sawarkar..vs..State of Maharashtra, through PSO.PS.Seloo,DistrictWardha. ) _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Shri R.R.Vyas,Advocate for applicant.

Shri Nitin Rode, A.P.P. for State-respondent. CORAM : V.M. DESHPANDE, J.

DATED : AUGUST 2, 2017 Heard learned counsels for applicant.

Relook is required in view of submissions of the learned counsel for applicant that though independent witnesses are available are not examined.

Rule.

The learned A.P.LP. waives the service of notice on behalf of respondent.

CRIMINAL APPLICATION (APPR) NO.150 OF 2017 This is an application for suspension of substantive jail sentence and for grant of bail.

The applicant was convicted by learned Judicial Magistrate First Class,2nd Court,Seloo in S.C.C.No.328/2011 for the offence punishable under Sections 451 and 354 of the Indian Penal Code and applicant was directed to suffer R.I. for three months and to pay fine of Rs. 1000/- and in default of payment of fine amount , further to suffer R.I. for 15 days.

revn.115.17.odt The appeal carried against the said conviction bearing Criminal Appeal No.68/2013 is partly allowed by the learned Additional Sessions Judge-4,Wardha on 27/7/2017. Today, this Court has admitted the revision. The applicant was on bail throughout during the course of trial and during the pendency of the appeal. Hence, application is allowed.

ORDER

I) Application is allowed.

II) The substantive jail sentence imposed by learned Judicial Magistrate First Class,2nd Court,Seloo in S.C.C.No.328/2011 and by learned Additional Sessions Judge-4,Wardha in Criminal Appeal No.68/2013 shall remain suspended during the course of appeal.

III) The applicant be released on bail on his executing P.B. of Rs. 5000/-with one solvent surety in the like amount.

IV) The applicant shall remain present personally at the time of final hearing of this appeal.

V) The application is disposed of.

JUDGE Kitey