Santosh Rameshwar Bhoyar v. State Of Maharashtra Thr. P.S.O. P.S. Washim

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL REVISION APPLICATION NO. 133 OF 2017 ( Santosh Rameshwar Bhoyar..vs..State of Maharashtra, through PSO.PS.Washim) ----------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Shri A.B.Mirza, Advocate for applicant.

Shri R.S.Nayak, A.P.P. for State- non-applicant. CORAM : V.M. DESHPANDE, J.

DATED : SEPTEMBER 5, 2017 Heard learned counsel for applicant.

After hearing learned counsel for applicant and after having gone through the impugned judgment and order passed by the learned Judicial Magistrate First Class, Washim so also judgment and order passed by learned Sessions Judge,Washim in my view rethink is necessary for recording conviction against the present applicant.

Hence, Rule.

Call record and proceedings.

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

CRIMINAL APPLICATION (APPR)NO.187 OF 2017 This is an application for suspension of jail sentence and for grant of bail. The applicant was convicted for the offence punishable under Section 324 of the Indian Penal Code on 15/7/2011 in R.C.C.No.308/2007. By the said

judgment and order of conviction the applicant was convicted for the offence punishable under Section 324 of the Indian penal Code and was directed to suffer R.I. for six months and to pay a fine of Rs.3000/- and in default of payment of fine amount to suffer further R.I. for one month. The appeal carried by the applicant bearing Criminal Appeal No.37/2011 is dismissed by learned Sessions Judge,Washim on 09/08/2017. The complainant was taken into custody and presently is in jail.

Today, this Court has admitted the revision challenging the judgment and order of conviction passed against the present applicant.

The applicant was on bail throughout during the course of trial so also during the pendency of the appeal and at no point of time he is misused the liberty granted to him. Looking to the pendency of the criminal revisions and quantum of punishment in my view, during the pendency of the present revision the substantive jail sentence imposed upon the applicant is required to be suspended and the applicant is entitled to be released on bail. Hence, order.

ORDER

I) The application is allowed.

II) The judgment and order of conviction passed by learned Judicial Magistrate First Class,Washim in R.C.C.No.308/2007 dated 15/7/2011 convicting the applicant for the offence punishable under Section 324 of the Indian Penal Code together with Criminal Appeal

No.37/2011 decided by learned Sessions Judge,Washim dated 09/8/2017 shall remain suspended during the pendency of the present revision. III) The applicant be released on bail on he executing P.B. of Rs. 10,000/- with one solvent surety in the like amount.

IV) Bail in the Court of learned Magistrate,Washim. V) The applicant to remain personally present before this Court at the time of final hearing.

With this the application is disposed of.

JUDGE Kitey