Kisan Sakharam Manjulkar v. State Of Maharashtra
2025:BHC-NAG:7168 1 915.APPR.163-25 IN REVN.118-25.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (APPR) NO. 163 OF 2025 IN CRIMINAL REVISION APPLICATION NO. 118 OF 2025 ( Kisan S/o Sakharam Manjulkar Vs.
State of Maharashtra ) Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. U. Mehta, Advocate h/f Mr. M.V. Rai, Advocate for the Applicant. Ms. Sneha Dhote, APP for the Non-applicant/State. CORAM: URMILA JOSHI-PHALKE, J.
DATED : 23rd JULY, 2025 1.
By this Application, the Applicant seeking suspension of sentence.
2.
By preferring this Revision, the Applicant has challenged the judgment passed by the 6th Additional Chief Judicial Magistrate, Amravati and confirmed by the Sessions Court, Amravati in Criminal Appeal No.137/2023, by which the Applicant/Appellant is convicted for the offence punishable under Section 385 of IPC and sentenced to suffer Simple Imprisonment for Two years. He also convicted for the offence punishable under Section 506 of IPC and sentenced to suffer Simple Imprisonment for Six months.
2 915.APPR.163-25 IN REVN.118-25.odt 3.
Learned Counsel for the Applicant, who submitted that the Applicant has many arguable points in the present Revision and the punishment imposed is of a limited period. The Revision would take its own time for its final disposal. In the meantime, if the sentence is executed, the Revision would become infructuous.
4.
Learned APP for the Non-applicant/State, strongly opposed on the ground that the Revision itself is devoid of merits.
5.
After hearing both the sides and on perusal of the impugned judgments passed by the 6th Additional Chief Judicial Magistrate, Amravati as well as by the Sessions Court, Amravati, from which the learned Counsel for the Applicant has pointed out that he has many arguable points. Moreover, the punishment imposed is of a limited period. In view of that, I proceed to pass the following order:-
O R D E R
i.
Criminal Application (APPR) No. 163/2025, is hereby allowed.
ii.
The execution of the sentence passed in R.C.C. No. 1271/2019 and confirmed in Cri. Appeal No. 137/2023, is hereby suspended till the disposal of the Revision.
3 915.APPR.163-25 IN REVN.118-25.odt iii.
The Applicant - Kisan S/o Sakharam Manjulkar, shall 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 NO. 118 OF 2025 1.
Heard.
2.
Admit.
3.
Call R & P.
4.
Revision be listed after R & P is received as per its own turn.
(URMILA JOSHI-PHALKE, J.) SD. Bhimte Signed by: Mr.S.D.Bhimte Designation: PA To Honourable Judge Date: 24/07/2025 18:08:10