Ganesh Baliramji Talokar v. State Of Mha. Thr. Pso Ps Rajapeth Dist.Amravati

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPEAL NO.872 OF 2022 GANESH BALIRAMJI TALOKAR VS STATE OF MHA. THR. PSO PS RAJAPETH DIST.AMRAVATI Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri S.B. Gandhe, Advocate for applicant/appellant Shri V.A. Thakare, APP for the State / Non-applicant CORAM : ANIL S. KILOR, J.

DATED : 15.12.2022.

Heard.

ADMIT.

The learned APP waives service of notice on behalf of respondent/State.

Call for the record and proceedings.

Criminal Application No.

of 20 This is an application filed under Section 389(2) of the Code of Criminal Procedure for suspension of sentence and grant of bail.

The applicant was convicted for the offence punishable under Section 353 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for two

years and to pay fine of Rs.2,000/-, in default to pay fine, further to suffer simple imprisonment for one month.

The applicant was further convicted for the offence punishable under Section 332 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for three years and to pay fine of Rs.3,000/-, in default to pay fine, further to suffer simple imprisonment for two months.

The applicant was further convicted for the offence punishable under Section 186 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for three months and to pay fine of Rs.500/-, in default to pay fine, further to suffer simple imprisonment for seven days.

I have perused the findings recorded by the learned trial Court in the impugned judgment and order and thereupon, I am of the opinion that applicant is having arguable case and re-appreciation and reappraisal of the evidence is necessary in this case. There is no likelihood that this matter would come up for final hearing in near future. There is one more ground is that the applicant was on bail during the trial. Accordingly, I pass the following order:

i.

Criminal application is allowed.

ii.

The sentence imposed by the learned Additional Sessions Judge, Amravati in Sessions Case No.68 of 2019 vide judgment and ordaer dated 23.11.2022, is suspended, till disposal of the appeal. iii.

Bail as in the trial Court with fresh Bonds.

[JUDGE] DOMAJI THAWRE 17:31