Rewaram S/O. Udaram Bihune v. State Of Mah. Thr. Ps Parseoni, Tah. Parseoni, Dist. Nagpur.

1 1appr227.2025..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CRIMINAL APPLICATION (APPR) NO 227 OF 2025 IN CRIMINAL REVISION APPLICATION NO. 303 OF 2022 (Rewaram s/o Udaram Bihune Vs. State of Maharashtra thr Police Station Parseoni, Police Station Officer, Tahsil Parseoni, District Nagpur. ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms. Radha Mishra, Counsel for applicant.

Mr. N.S. Rao, APP for non-applicant/State.

CORAM : RAJNISH R. VYAS,J.

DATED : 03-11-2025.

Heard Ms. Radha Mishra, learned counsel for applicant/original accused and Mr. N.S. Rao, learned APP for nonapplicant/State. 2.

This Court vide order dated 24.09.2025 has dismissed the Revision Application preferred by the accused challenging the conviction for commission of offence punishable under Section 325 of the Indian Penal Code. While passing the judgment, punishment imposed was modified since a voluntary statement was made that original accused was willing to deposit an amount of Rs. 1,00,000/- with the Court. After passing of the said judgment, now an application for stay has been preferred by the original accused on the ground that original accused has not instructed his counsel that he is willing to deposit amount of Rs. 1,00,000/-.

3.

Be that as it may, considering the provision of Section 362 of Code of Criminal Procedure, the power to review judgment passed by the Court is not permitted much less on the ground which is mentioned in the present application. The judgment is self explanatory. The judgment dated 24.09.2025 clearly shows that if Belkhede, PS

2 1appr227.2025..odt the amount of Rs. 1,00,000/- is not deposited, the original sentence will stand revive. In that view of the matter and in the light of mandate of Section 362 of the Criminal Procedure Code and since, no provision is pointed out to show that once judgment in Criminal Revision is delivered, it can be stayed by the Court, I have no option but to reject the application.

In view of above discussion, the application is rejected. (RAJNISH R. VYAS, J) Belkhede, PS