Badriprasad @ Natthilal Dayaram ... vs The State Of Maharashtra, Thr. ...
2021 Latest Caselaw 15050 Bom

                                                    1                                       appeal 431.21


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

                             CRIMINAL APPEAL No. 431 OF 2021
               (Badriprasad @ Natthilal Dayaram Satankar VS. State of Maharashtra )
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Office Notes, Office Memoranda of Coram,                        Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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                            Mr. V.S.Giramkar, Advocate for the applicant.
                            Mr. S.D.Sirpurkar, APP for the respondent.


                                     CORAM :            VINAY JOSHI, J.

                                     DATED :            14-10-2021

                                         Heard.
                            2.           Admit.
                            3.           The learned APP        waives service of notice on
                            behalf of the respondent.

4. Call for record and proceedings.

Criminal Application (APPA) No.597/2021

1. Heard.

2. This is an application seeking suspension of execution of sentence passed in Criminal Appeal No. 20/2011. The appellant was initially convicted by the Judicial Magistrate First Class, Dharani, in S.C.C. No.161/2009 for the offences punishable under Sections 353 and 427 of the Indian Penal Code. The said conviction was challenged in Criminal Appeal No. 20/2021 in which the Appellate Court by maintaining conviction for aforesaid sections has imposed punishment to undergo S.I. for one month for offence

2 appeal 431.21

punishable under Section 353 and S.I. for15 days for offence punishable under Section 427 of the Indian Penal Code.

3. During pendnecy of the trial and appeal, the appellant was on bail. Post conviction, the Appellate Court also suspended execution of sentence. Having regard to the quantum of sentence, if the sentence is not suspended, then main purpose of appeal would be frustrated.

4. Having regard to the said fact, execution of substantive sentence passed in Criminal Appeal No.20/2021 by Additional Sessions Judge, Achalpur vide judgment and order dated 12.8.2021 is suspended till the final disposal of the appeal.

5. In the meantime, the appellant is released on bail on the same terms and conditions as imposed by the Sessions Judge while deciding the Criminal Appeal.

6. Application stands disposed of.

JUDGE

ambulkar