Bombay High CourtAPPR/330/2018allowed

Satish S/O. Daulat Shende (In Jail) v. The State Of Maharashtra Thr. P.S.O., P.S. Andhalgaon

2018-10-23Hon'Ble Shri Justice Murlidhar Ganpatrao Giratkar2 pages

1 revn203.18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPR) NO. 330/2018 IN CRIMINAL REVISION APPLICATION NO. 203/2018 Satish s/o Daulat Shende V/s The State of Maharashtra thr. PSO, PS Andhalgaon, Bhandara. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri E.W. Nawab, Advocate for the applicant.

Shri M.K. Pathan, APP for the non-applicant.

CORAM : M.G. Giratkar, J DATE : 23.10.2018.

Heard Shri E.W. Nawab, learned Counsel for the applicant and Shri M.K.Pathan, learned APP for the non-applicant/State.

The applicant filed an appeal before the Sessions Court against the judgment and order passed by the Sessions Judge, Bhandara dated 12/10/2018 for the offence punishable under Section 324 of Indian Penal Code. The Sessions Judge, Bhandara partly allowed the appeal and reduced the sentence from six months to three months and rest of the judgment is maintained as it is. As per the submission, the applicant is taken into custody and sent to the jail.

The learned Counsel has submitted that there is merit in the revision application and therefore prayed to suspend the sentence.

The applicant was convicted by the Judicial Magistrate First Class, Mohadi for the offence punishable

2 revn203.18.doc under Section 324 of Indian Penal Code and sentenced to suffer R.I. for six months. The Sessions Judge, Bhandara reduced the sentenced to three months. Looking to the submission, the jail sentence is suspended during the pendency of this Criminal Revision. The applicant is entitled for bail.

Hence, the following order:- [i] The application is allowed.

[ii] The applicant be released on bail on furnishing PR/SB in the sum of Rs. 15,000/- with one solvent surety in the like amount.

iii] The Bail bond before the trial Court.

JUDGE rkn