Vaibhav Harihar Kapse v. State Of Mah. Thr. Pso Ps Chimur Tah.Chimur Dist.Chandrapur
2024:BHC-NAG:9497 1 41 appr50.24.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
: NAGPUR BENCH : NAGPUR.
CRIMINAL APPLICATION (APPR) NO. 50 OF 2024 IN CRIMINAL REVISION APPLICATION NO. 42 OF 2024 VAIBHAV S/o HARIHAR KAPSE
VERSUS
STATE OF MAH., THRU. P.S.O. , P.S., CHIMUR, DIST. CHANDRAPUR ------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order ------------------------------------------------------------------------------------------------------- Ms. Karmanya Giripunje, Advocate h/f Mr. S. V. Sipurkar, Advocate for the applicant Mrs. M. R. Kavimandan, A. P. P. for the non-applicant/State. CORAM : G. A. SANAP, J.
DATE : AUGUST 26, 2024.
1.
Heard Ms. Karmanya Giripunje, learned advocate holding for Mr. S. V. Sirpurkar, learned advocate for the applicant and Mrs. M. R. Kavimandan, learned Additional Public Prosecutor for the non-applicant/State. Perused the record and proceedings.
2.
This is an application for suspension of substantive sentence and for grant of bail.
3.
By the judgment and order dated 10.10.2017, passed by learned Judicial Magistrate, First Class, Chimur, Dist. Chandrapur, in Regular Criminal Case No. 82/2015, the applicant has been convicted for the offence punishable under Section 325 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for two months and to pay fine of Rs.3,000/- and in default to suffer further RI for
2 41 appr50.24.odt 15 (fifteen) days. The said judgment and order has been confirmed by learned Additional Sessions Judge, Warora in an appeal bearing Criminal Appeal No. 54/2017 vide judgment and order dated 02.02.2024.
4.
Learned advocate for the applicant submitted that the applicant has deposited the fine amount. The revision application filed by the accused/applicant, challenging the impugned judgment and order, has to be heard and decided on going through the record and proceedings. It will take some time.
5.
In view of the above and looking to the quantum of substantive sentence, it would be just and proper to suspend the substantive sentence.
6.
Accordingly, the criminal application is allowed. 7.
The substantive sentence awarded by the learned Judicial Magistrate, First Class, Chimur, Dist. Chandrapur, vide judgment and order dated 10.10.2017 and confirmed by learned Additional Sessions Judge, Warora vide judgment and order dated 02.02.2024, shall remain suspended during pendency of this revision application. 8.
Applicant - Vaibhav S/o Harihar Kapse be released on bail on his furnishing PR bond in the sum of Rs.15,000/- (Rupees Fifteen thousand only) with one surety in the like amount.
9.
The criminal application stands disposed of in the aforesaid terms.
3 41 appr50.24.odt CRIMINAL REVISION APPLICATION No. 42/2024 List the revision application for final hearing at the admission stage after four weeks.
( G. A. SANAP, J. ) Diwale Signed by: DIWALE Designation: PS To Honourable Judge Date: 26/08/2024 20:46:13