Ankush S/O. Madhukara Barad v. State Of Mah. Thr. Pso, Ps Channi Tq. Dist. Akola

2024:BHC-NAG:11994 1 23 appa255.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

: NAGPUR BENCH : NAGPUR.

CRIMINAL APPLICATION [APPA] NO. 255 OF 2024 IN CRIMINAL APPEAL NO. 138 OF 2024 ANKUSH S/o MADHUKARA BARAD

VERSUS

STATE OF MAH., P.S.O., P.S., CHANNI, DIST. AKOLA ------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's Order appearances, Court's Orders or directions and Registrar's order ------------------------------------------------------------------------------------------------------- Mr. Ajay S. Londhe, Advocate for the applicant. Ms. Soniya Thakur, A.P.P. for the respondent/STate CORAM : G. A. SANAP, J.

DATE : OCTOBER 23, 2024.

1.

Heard Mr. Ajay Londhe, learned advocate for the applicant and learned Additional Public Prosecutor for the State. Perused the record and proceedings.

2.

This is an application for suspension of substantive sentence and for grant of bail.

3.

The applicant/appellant, on conviction, has been awarded maximum sentence of imprisonment for ten years, with fine.

4.

Learned advocate submitted that the appellant has a good case on merits. It is submitted that the evidence is not sufficient to prove the charge. It is also submitted that considering the term sentence of ten years, this is a fit case for suspension of sentence.

5.

Learned APP submitted that the evidence is cogent and concrete. It is submitted that the learned Judge has recorded the cogent reasons in support of his findings.

2 23 appa255.24.odt Learned APP submitted that on merits the appellant has no chance of success.

6.

I have gone through the record and proceedings. Considering the findings recorded by the learned Judge, I do not think it appropriate to suspend the sentence. 7.

Accordingly, the criminal application is rejected. Criminal Appeal No. 138 of 2024 Preparation of paper book is expedited.

After preparation of the paper book, list the appeal on final hearing board.

( G. A. SANAP, J. ) Diwale Signed by: DIWALE Designation: PS To Honourable Judge Date: 23/10/2024 18:34:49