Datta Purushottam Dhomane v. State Of Mah. Thr. Pso, Ps Gadge Nagar, Amravati, Tq. And Dist. Amravati.

2023:BHC-NAG:13197 12.apeal.600.23 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Criminal Application [APPA] No.971 of 2023 in Criminal Appeal No.600 of 2023 Datta Purushottam Dhomane vs.

State of Maharashtra, through PSO, P.S. Gadge Nagar, Amravati =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Mr. P.N. Navlani, Advocate for the Applicant/Appellant. Mr. S.M. Ghodeshwar, A.P.P. for the Non-Applicant/Respondent. CORAM :

M.W. CHANDWANI, J.

DATE :

5 th SEPTEMBER, .

Heard the learned Counsel appearing for the applicant/ appellant as well as the learned A.P.P. for the non-applicant/ respondent.

02] By the present application, the applicant seeks suspension of substantive sentence passed in Sessions Trial No.128/2019, whereby the applicant has been convicted for the offence punishable under Sections 353,323, 506(I) read with Section 34 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for two years, one year and one year respectively.

03] Considering the quantum of punishment and the fact that the applicant was on bail during trial, a case is made out for suspension of sentence.

04] In the result, pending the appeal, substantive sentence passed in Sessions Trial No.128/2019 against the applicant shall remain suspended and the applicant shall be released on bail on his

12.apeal.600.23 2/2 furnishing a P.R. Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one solvent surety in the like amount before the trial Court giving an undertaking that the applicant shall appear before the Court as and when directed. 05] The application is allowed and disposed of accordingly. Criminal Appeal No.600 of 2023 Heard.

02] Admit.

03] The learned A.P.P. waives service on behalf of the respondent/State.

04] Call for record and proceedings.

JUDGE *sandesh