Shivaji Madhukarrao Ekapure v. The State Of Maharashtra Thr Pso Ps Arvi Dist Wardha

2026:BHC-NAG:1896

(1) 58.appr.17.2026

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPR) NO.17 OF 2026 IN CRIMINAL REVISION APPLICATION NO. 14 OF 2026 Shivaji Madhukarrao Ekapure Vs.

State of Maharashtra, through Police Station Officer, Police Station Arvi, District Wardha -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. N. R. Saboo, Advocate for applicant.

Mr. N. B. Jawade, APP for non-applicant /State. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 04/02/2026 1.

By this revision application, the applicant has challenged the order passed by the learned Chief Judicial Magistrate, Wardha in Regular Criminal Case No.356/2011, convicting the present applicant for the offence punishable under Section 406 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for three years and also fine of Rs.1,000/-. He is further convicted of the offence punishable under Section 420 of the Indian Penal Code as well as 468 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for three years and fine of Rs.1,000/- and for the offence punishable under Section 471 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for one Year and fine of Rs.1,000/-.

(2) 58.appr.17.2026 2.

The said conviction and sentence was modified by the learned Additional Sessions Judge, Wardha in Criminal Appeal No.38/2018, by which the appeal was partly allowed and the sentence is reduced upto one year and fine of Rs.1000/-.

3.

Being aggrieved with the same, the present revision application is preferred by the applicant. Learned counsel for the applicant submitted that applicant has every chance of success as there are many arguable points in the present revision application. However, it 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 strongly opposed for the same on the ground that the revision application itself is devoid of merits.

5.

On hearing both sides and on perusal of the impugned judgments which are challenged before this Court from which learned counsel for the applicant pointed out that he has many arguable points in the present revision application. However, considering the revision application would take its own time for its final disposal. The prayer for suspension of sentence deserves to be allowed. Accordingly, I proceed to pass following order:

(3) 58.appr.17.2026

ORDER

(i) The execution and implementation of sentence passed in Criminal Appeal No.38/2018 is hereby suspended till disposal of the present criminal revision application. (ii) The applicant shall be released on bail on executing PR bond of Rs.25,000/- with one solvent surety in the like amount.

6.

Call for Record and Proceedings.

7.

Revision application be listed before this Court for final disposal after receipt of the record and proceedings.

The application is disposed of.

(URMILA JOSHI-PHALKE, J.) Sarkate Signed by: Mr. A.R. Sarkate Designation: PA To Honourable Judge Date: 05/02/2026 17:04:57