Anand Baburao Atram vs State Of Maharashtra, Thr. Pso Ps ...
2021 Latest Caselaw 660 Bom

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                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                                  NAGPUR BENCH, NAGPUR

                CRIMINAL REVISION APPLICATION NO.6/2021
                              Anand Baburao Atram
                                      ..vs..
     State of Mah., thr. PSO PS Patan, Taluka Zari Jamani, District Yavatmal

...................................................................................................................................................................
Office Notes, Office Memoranda of Coram,
appearances, Court orders or directions                                                        Court's or Judge's Order
and Registrar's orders
...................................................................................................................................................................
                                 Shri N.Gwalbanshi, Counsel for the Applicant.
                                 Shri I.J.Damle, APP for the State.

                                                           CORAM                    : V.M.DESHPANDE J.
                                                           DATED                    : JANUARY 12, 2021.


                               1.                          Heard learned counsel Shri N.Gwalbanshi for
                               the applicant and learned Additional Public Prosecutor Shri
                               I.J.Damle for the State. Also, perused impugned judgment.
                               2.                          RULE.
                               3.                          Record and proceedings, in RCC No.104/2014
                               decided by learned Judicial Magistrate First Class, Zari
                               Jamni, Yavatmal together with Criminal Appeal No.13/2016
                               decided by learned Additional Sessions Judge, Kelapur,
                               District Yavatmal, be called for.


                               Criminal Application (APPR) No.12/2021
                               1.                          This is an application for suspension of
                               substantive jail sentence and for grant of bail.
                               2.                          Heard learned counsel Shri N.Gwalbanshi for
                               the applicant and learned Additional Public Prosecutor Shri


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        I.J.Damle for the State.
        3.                The applicant faced trial for offence punishable
        under Section 379 of the Indian Penal Code in RCC
        No.104/2014 and learned Judicial Magistrate First Class
        found him guilty of the said charge and sentenced him to
        suffer three years rigorous imprisonment and fine amount of
        Rs.1000/-. The applicant, thereafter, preferred an appeal.
        His appeal was registered as Criminal Appeal No.13/2016
        and Appellate Court partly allowed the appeal to the extent
        of sentence only and reduced the sentence from three years
        rigorous imprisonment to one year rigorous imprisonment,
        however increased the fine amount from one thousand to six
        thousand.
        4.                The impugned order shows that during trial the
        applicant was on bail throughout. The applicant was in jail
        from 25.6.2014 to 1.4.2015 and accordingly set-off was also
        given to him by both Courts below.
        5.                Looking to the quantum of the sentence and
        fact that the applicant was already in jail for 9 months, I pass
        following order:


                                       ORDER

(1) The criminal application is allowed.

(2) The substantive jail sentence imposed upon the applicant in RCC No.104/2014 by learned Judicial Magistrate First Class, Zari Jamni, Yavatmal which is confirmed by learned

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Additional Sessions Judge, Kelapur, District Yavatmal is hereby suspended during the pendency of this revision.

(3) The applicant be released on bail on he executing a P.R.Bond in the sum of Rs.5000/- with one solvent surety of the like amount.

(4) It is made clear that learned Judge below before whom bail bond will be executed shall ensure that the applicant has deposited entire fine amount. Till the fine amount is deposited, warrant of release need not be issued.

(5) At the time of final hearing of the revision, the applicant shall remain personally present before the Court.

JUDGE !! BRW !!

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