Atul Ganeshrao Shirbhate v. Pradip Narayanrao Bhelande

1 36.revn.180.2024

IN THE HIGH

COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION NO.223 OF 2024 IN CRIMINAL REVISION APPLICATION NO.180 OF 2024 Atul s/o Ganeshrao Shirbhate ..vs..

Pradip s/o Narayanrao Bhelande - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri M.V. Rai, Advocate for the applicant.

Ms Kavimandan, APP for the State.

CORAM: SANDIPKUMAR C. MORE, J.

DATE : 16/12/2024.

Heard the rival submissions.

2.

The applicant/accused is seeking suspension of his substantive sentence of imprisonment of one month awarded to him by the learned Trial Court i.e. 7th Judicial Magistrate, First Class, Amravati under the judgment and order dated 25.03.2022 in S.C.C. No.2965/2019, which is confirmed by the learned Appellate Court i.e. the Additional Sessions Judge and Ad-hoc District Judge, Amravati in Criminal Appeal No.76/2022.

3.

The learned Counsel for the applicant/accused submits that, the applicant has already deposited the amount of Rs.70,000/- with learned Appellate Court being the part of compensation of Rs.3,50,000/-. 4.

The learned Counsel for the non-applicant /complainant opposed the application and insisted for deposit of at-least Rs.1,15,000/- out of the remaining compensation while suspending the sentence of imprisonment.

2 36.revn.180.2024 5.

However, the learned Counsel for the applicant/accused is ready to deposit amount of Rs.1 lakh.

6.

In view of the same, the substantive sentence of imprisonment as mentioned above, awarded to the applicant/accused is hereby suspended during the pendency of this revision application, subject to deposit of amount of Rs.1 lakhs within six weeks with the learned Appellate Court.

7.

The applicant/accused be released on bail on furnishing P.R. bond and surety of Rs.25,000/-. Bail in the Trial Court.

8.

The Criminal Application is accordingly disposed of.

CRIMINAL REVISION APPLICATION NO. 180 OF 2024 9.

Stand over to 27.01.2025.

(SANDIPKUMAR C. MORE , J.

) Trupti