Mohan S/O. Maroti Kuranjekar v. The State Of Mah. Thr. The Pso, Ps Arjuni/Morgaon, Tah. Arjuni/Morgaon, Dist. Gondia.

2023:BHC-NAG:13675 16 apeal614.23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APPA) NO.1006 OF 2023 IN CRIMINAL APPEAL NO.614 OF 2023 Mohan s/o Maroti Kuranjekar Vs. State of Maharashtra __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Shri Y.J. Soni, Advocate for appellant.

Shri N.R. Rode, APP for respondent/State.

CORAM :

M.W. CHANDWANI, J.

DATE : SEPTEMBER 12, 2023.

The applicant seeks suspension of substantive sentence during pendency of appeal. The applicant has been convicted for the offence punishable under Section 326 of the Indian Penal Code and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and he has been sentenced to suffer rigorous imprisonment for three years and to pay fine of Rs.3,000/- on each count. 2.

Heard learned counsel for the applicant as well as learned APP for non-applicant/State.

3.

It is submitted that the applicant has already deposited fine amount. The applicant was on bail during trial.

4.

The learned APP has opposed the application on the ground that the learned trial Court has rightly considered the evidence and convicted the applicant. The applicant has no ground for appeal, hence, the application be rejected.

16 apeal614.23.odt 5.

Having heard both sides and considering the quantum of punishment and the fact that number of appeals are pending before this Court, a case is made out for suspension of substantive sentence.

6.

Pending appeal the substantive sentence imposed on the applicant in Special (Atro.) Case No.13/2017 by the learned Special Judge (under Atrocities Act) and Sessions Judge, Gondia dated 09.08.2023 shall remain suspended. 7.

The applicant is released on bail on furnishing PR bond of Rs.25,000/- with one surety in the like amount. 8.

The applicant shall give undertaking to appear before this Court as and when directed.

9.

The application is disposed of.

CRIMINAL APPEAL NO.614 OF 2023 10.

Heard.

11.

Admit.

12.

Call record and proceedings.

13.

Learned APP waives notice of hearing for respondent State.

JUDGE Wagh