P. Ashok And Sons, Thr. Its Proprietor, Mr. Alok S/O Ashok Patrikar v. Nirmal Aqua Industries, Through Proprietor, Purnima G Shirpurkar

2025:BHC-NAG:5510 1 927.APPR.130-25 IN REVN.92-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (APPR) NO. 130 OF 2025 IN CRIMINAL REVISION APPLICATION NO. 92 OF 2025 ( P. Ashok & Sons, Thr. Its Proprietor Vs.

Nirmal Aqua Industries, Thr. Its Proprietor ) Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Girish Kunte, Advocate for the Applicant. CORAM: URMILA JOSHI-PHALKE, J.

DATED : 12th JUNE, 2025 1.

Heard.

2.

By preferring this Application the Applicant has challenged the judgment and order of conviction passed by the 12th Jt. Civil Judge Senior Division and Additional Chief Judicial Magistrate, Nagpur which is confirmed in Criminal Appeal No. 263/2022 by the Additional Sessions Judge, Court No.5, Nagpur. By this Application, the Applicant is seeking suspension of sentence and release him on bail. 3.

Heard learned Counsel for the Applicant, who submitted that the Applicant is having many arguable points in the present Revision, however, the Revision would take its own time for its final disposal. Moreover, the punishment imposed is of a limited period. Considering all these aspects, the execution of sentence be suspended and he be released on

2 927.APPR.130-25 IN REVN.92-2025.odt bail.

4.

Heard learned Counsel for the Applicant. Perused the impugned judgment, from which it reveals that, the Applicant has many arguable points in the present revision and would take its own time for final disposal. In the meantime, if the sentence is executed then Revision would become infructuous. Moreover, the punishment imposed is for a limited period.

5.

Considering all these aspects, the application deserves to be allowed. Accordingly, I proceed to pass the following order.

O R D E R

i.

The Application is allowed.

ii.

The execution of the sentence passed in S.C.C. No.31363/2019 confirmed in Criminal Appeal No.263/2022, is hereby suspended till the disposal of this Revision.

iii.

The Applicant be released on bail, on executing P.R. Bond in the sum of Rs.25,000/- with one solvent surety in the like amount.

CRIMINAL REVISION APPLICATION NO. 92 OF 2025 1.

Heard.

2.

Issue notice to the Non-applicant, returnable after four weeks.

3 927.APPR.130-25 IN REVN.92-2025.odt 3.

Admit.

4.

Call R & P.

5.

List the matter for final disposal after receipt of R & P.

(URMILA JOSHI-PHALKE, J.) SD. Bhimte Signed by: Mr.S.D.Bhimte Designation: PA To Honourable Judge Date: 16/06/2025 17:52:31