Bombay High Court
Subhash Panjabrao Bhonde vs State Of Mah., Thr. P.I. Ps, ... on 29 January, 2021
Bench: V.M. Deshpande
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
: NAGPUR BENCH : NAGPUR.
CRIMINAL REVISION APPLICATION NO. 19 OF 2020
SUBHASH PANJABRAO BHONDE
VERSUS
STATE OF MAH.,, THRU. P.S.O., P.S., DAHIHANDA, DIST. AKOLA
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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. D. R. Khapre, Advocate for the applicant.
Mr. I. J. Damle, A. P. P. for the non-applicant/State
CORAM : V. M. DESHPANDE, J.
DATE : JANUARY 29, 2021.
1. This is a revision challenging the judgment and
order of conviction passed by the learned Judicial
Magistrate, First class, Akot in Regular Criminal Case No.
165/2008, whereby the applicant was convicted for the
offence punishable under Section 326 of the Indian Penal
Code and he was directed to suffer rigirous imprisonment
for a period of three years and to pay a fine of
Rs.10,000/- and in default to undergo rigorous
imprisonment of further one year.
2. The applicant challenged the said judgment and
order of conviction by filing Criminal Appeal in Sessions
Court. The appeal was registered as Criminal Appeal No.
06/2013 and the learned Additional Sessions Judge at
Akot vide judgment and order dated 24.12.2019
dismissed the appeal and confirmed the judgment and
order of conviction and sentence. The Appellate Court's
judgment would show that the applicant was taken in
custody.
3. On 23.01.2020, the present revision is filed
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challenging both the judgments and orders of conviction.
No separate application for suspension of substantive jail
sentence and for grant of bail was filed. However, in
prayer clause (B), it is prayed that the sentence be
suspended. Thus, though prayer of suspension of
substantive jail sentence is there, prayer for bail is not
there.
4. The record shows that firstly this matter was listed
on 16.03.2020 before this Court (Coram : Smt. Swapna
Joshi, J.) and on the said day, two weeks time was
granted for removal of office objections. Thereafter, on
11.12.2020, the matter was listed before the Court
(Coram: Manish Pitale, J.) and on the said day, at the
request of the learned counsel for the applicant, the
matter was adjourned. Thereafter, on 04.01.2021, the
matter was listed and on the said day by consent, the
matter was adjourned.
5. This matter was placed before me on 12.01.2021.
On the said day also adjournment was sought.
Thereafter on 22.01.2021, the matter was placed before
me. On the said day, learned counsel for the applicant
Shri D.R. Khapre submitted that the applicant is released
from jail in the month of April-2020 due to pandemic
situation. This Court found that there is nothing on record
to show that he was released due to said position and
there is no order of suspending the substantive jail
sentence of the applicant and therefore, the learned
counsel submitted that he will file a detail application.
The matter was, therefore, kept for today.
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6. Today, when the matter came up, Shri Khapre,
learned counsel for the applicant tendered an affidavit of
Shri Radheshyam Bajranglal Agrawal, Advocate, the local
counsel from Akot. Said affidavit is taken on record and
marked as "Exhibit-X" for the purposes of identification.
Perusal of the affidavit of Shri Agrawal, Advocate would
show that after the appeal was dismissed, the applicant
was sent in jail. Thereafter there was outbreak of COVID-
19 and then he came to his office and informed that he is
released on parole in view of COVID-19 situation. The
affidavit of Shri Agrawal, Advocate further shows that on
22.01.2021, he gave a phone call on the cell phone of the
applicant. The cell phone number of the applicant is
mentioned in the affidavit. However, the phone call was
not taken by the applicant, but it was taken by the wife of
the applicant and when it was informed to her that she
should send her husband to the office, she only gave
evasive answer and from that day till today, the applicant
is not contacting.
7. From the aforesaid chronology, it is clear that there
is no order from this Court suspending sentence the
substantive jail sentence and releasing him on bail.
There is nothing on record that for how many days the
applicant was released on parole. Hence, learned
Additional Public Prosecutor is directed to obtain
instructions from Jail authority, Akola. Place this matter
at 2.30 p.m.
Lateron at 2.30 pm
1. Mr. Indraneel Damle, learned Assistant
Government Pleader, on instructions from the jail
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authority, makes a statement that the applicant was
released on parole due to pandemic situation on
13.05.2020 for 45 days and it is being extended from time
to time and presently he is on parole.
2. In that view of the matter, put up this revision for
admission after three weeks.
JUDGE
Diwale
Digitally signed
by Parag
Parag Diwale
Date:
Diwale 2021.02.01
11:39:21
+0530
