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Bombay High CourtIA/2665/2024disposed off

Pravin Jayram Shilwant v. State Of Maharashtra

2024-11-27Hon'Ble Shri Justice Shivkumar Dige3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.133 OF 2024 WITH INTERIM APPLICATION NO.2665 OF 2024 WITH INTERIM APPLICATION NO.2666 OF 2024 IN CRIMINAL APPEAL NO.133 OF 2024 by NILAM SANTOSH KAMBLE Date:

2024.11.29 10:09:14 +0530 NILAM SANTOSH KAMBLE Pravin Jayram Shilwant .... Applicant V/s.

The State of Maharashtra .... Respondent ---- Mr.Kedar P. Lad, for the Appellant/Applicant. Ms.Sangeeta D. Shinde, APP, for Respondent-State. ---- CORAM : SHIVKUMAR DIGE, J.

DATE : 27th NOVEMBER 2024 P.C:- INTERIM APPLICATION NO.2665 OF 2024 .

Heard learned counsel for the Applicant and learned APP for the Respondent-State.

2.

Considering the submission of both learned counsel and the reasons mentioned in the Application, the delay of 47 N.S. Kamble page 1 of 3

days for filing the Appeal is condoned. The Application is allowed and disposed of.

3.

The Appeal be registered.

INTERIM APPLICATION NO.2666 OF 2024 4.

Heard learned counsel for the Applicant and learned APP for the Respondent-State.

5.

By this Application, the Applicant is seeking suspension of sentence.

6.

The learned counsel for the Applicant submits that, the Applicant has convicted for the offences punishable under Section 353 and 427 of the Indian Penal Code ('IPC' for short) and sentenced to suffer rigorous imprisonment for 1 years and six months and fine of Rs.2,000/-. The Applicant has deposited the fine amount. Hence, requested to suspend the sentence of the Applicant.

7.

The learned APP strongly objected to allow the Application.

8.

I have heard both learned counsel.

9.

Considering the submission of both learned counsel N.S. Kamble page 2 of 3

as well as sentence imposed on the Applicant is short term sentence. During trial Applicant was on bail. He has not misused the liberty. Considering these facts, the sentence is suspended till final disposal of the Appeal.

10.

The Application is disposed of.

CRIMINAL APPEAL NO.133 OF 2024 11.

Heard.

12.

Admit.

13.

Call Record and Proceeding.

(SHIVKUMAR DIGE, J.) N.S. Kamble page 3 of 3