Sushil @ Pintu Rajendra Wankhede vs State Of Maharashtra, Thr. ...
2021 Latest Caselaw 1379 Bom

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                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           : NAGPUR BENCH : NAGPUR.

                 CRIMINAL REVISION APPLICATION NO. 07 OF 2021
                        SUSHIL @ PINTU RAJENDRA WANKHEDE
                                      VERSUS
                 STATE OF MAH., THRU. D.G.P., AMRAVATI P.S.O. BADARE
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Office Notes, Office Memoranda of                           Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
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                        Mr. S. I. Gatte, Advocate for the applicant.
                        Mr. I. J. Damle, A. P. P. for the non-applicant/State.


                                 CORAM : V. M. DESHPANDE, J.
                                 DATE : JANUARY 20, 2021.


                        1.       Heard Shri S. I. Gatte, learned counsel for the
                        applicant.
                        2.       After having gone through the judgment given by
                        the learned Judicial Magistrate, First Class, Court No.5,
                        Amravati in Regular Criminal Case No. 1148/2009 which
                        is confirmed by the learned Sessions Judge, Amravati in
                        Criminal Appeal NO. 01/2014 and after perusing the
                        evidence of PW2 Suresh Mahadeorao Shejav, the
                        injured, the applicant has made out a case for admission
                        since prima facie, it appears that both the Courts below
                        have not correctly appreciated the evidence of PW2
                        Suresh, the injured.
                        3.       Hence, RULE.
                        4.       Shri    I.    J.   Damle,      learned Additional           Public
                        Prosecutor waives service of notice on merits on behalf of
                        non-applicant/State.
                        5.       Call for the record and proceedings of Criminal
                        Appeal No. 01/2014 decided by the learned Sessions
                        Judge, Amravati on 13.01.2021; together with the record
                        of Regular Criminal Case No. 1148/2009, decided by the
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learned Judicial Magistrate, First Class, Court No. 5,
Amravati on 06.12.2013.


Criminal Application (APPR) No. 18 of 2021.
1.      This is an application for suspension of substantive
sentence and for grant of bail.
2.      Heard Shri S.I. Gatte, learned counsel for the
applicant and Shri I.J. Damle, learned Additional Public
Prosecutor for the non-applicant/State.
3.      The applicant was convicted by the learned
Judicial Magistrate, First Class, Court No.5, Amravati in
Regular Criminal Case No. 1148/2009 for the offence
punishable under Section 323 of the Indian Penal Code.
The applicant/accused was acquitted for the offence
punishable under Sections 448 and 452 of the Indian
Penal Code.        The prosecution did not challenge the
acquittal, however the applicant is challenging his
conviction before this Court.
4.      The learned Magistrate imposed sentence upon
the applicant to suffer simple imprisonment for one month
and to pay a fine of Rs.1,000/-.
5.      After the appeal was preferred by the applicant
before the Sessions Court, Amravati, it was registered as
Criminal Appeal No. 01/2014 and the learned Sessions
Judge     on   13.01.2021    dismissed    the   appeal      and
confirmed the judgment and order of conviction passed
by the learned Magistrate.
6.      Today, this Court has already admitted the revision
filed on behalf of the applicant.
7.      The applicant was sentenced to suffer SI for one
month. The applicant was on bail throughout as it could
be seen from the impugned judgments.              After the
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         judgment was delivered by the Sessions Court, the
         applicant was taken in to custody and he is in jail. Hence,
         I pass the following order :
                                   ORDER

1. The criminal application is allowed.

2. The substantive jail sentenced imposed on the applicant by the learned Judicial Magistrate, First Class, Court No.5, Amravati vide judgment and order dated 06.12.2013 in Regular Criminal Case NO. 1148/2009, shall remain suspended during pendency of this revision application.

3. Applicant - Sushil @ Pintu Rajendra Wankhede be released on bail on he executing PR bond of Rs.1,000/- (Rupees One thousand only).

4. The applicant shall remain personally present before this Court at the time of final hearing of the revision application.

5. APPR No. 18/2021 is allowed and disposed of.

                                        JUDGE
Diwale


                                                         Digitally signed

                                             Parag       by Parag
                                                         Diwale

                                             Diwale      Date:
                                                         2021.01.20
                                                         17:25:59 +0530