Pravin S/O Chandrabhan Shelare v. The State Of Mha. Thr. Pso Ps Kanhan Tah. Parshioni Dist.Nagpur

909appeal845.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPEAL NO. 845 OF 2022 Pravin s/o Chandrabhan Shelare .Vs. State of Maharashtra, thr. P.S.O. P.S. Kanhan Tah. Parshioni, Dist. Nagpur.

Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri C.R.Thakur, Advocate for the appellant Shri S.D.Sirpurkar, A.P.P. for the respondent/State. CORAM : ANIL S. KILOR, J.

DATED : 06/12/2022 1.

Heard.

2.

Admit 3.

Call for record and proceedings.

4.

Shri S.D.Sirpurkar, learned APP waives service of notice for the respondent/State.

CRIMINAL APPLICATION (APPA) NO. 1099/2022 5.

This is an application for suspension of sentence and for grant of bail.

6.

The appellant/applicant is convicted for the offence punishable under Section 333 of the Indian Penal Code, 1860; and sentenced suffer rigorous imprisonment for six months and to pay a fine of Rs.5,000/-, in default to undergo simple imprisonment of 15 days.

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909appeal845.2022.odt The appellant/applicant is further convicted for the offence punishable under Section 504 of the Indian Penal Code, 1860; and sentenced to suffer rigorous imprisonment of three months and to pay a fine of Rs. 5,000/-, in-default to undergo simple imprisonment of 15 days. The above said fine amounts were reported to be deposited by the appellant.

7.

After going through the judgment, I am of the opinion that it is necessary to re-look the matter afresh. It is also submitted that the appellant/applicant was on bail during pendency of the trial.

8.

In that view of the matter, I pass the following order:

i) The Criminal Application is allowed.

ii) The sentence imposed on the appellant/applicant by impugned judgment and order dated 22/11/2022 is suspended.

iii) The appellant/applicant shall be released on bail on his furnishing P.R. Bond in the sum of Rs. 25,000/- with one solvent surety in the like amount.

iv) Bail before the lower Court.

The Criminal Application is disposed of accordingly.

JUDGE Signed By:RAJESH K NANDURKAR rkn