Rakesh S/O Vishwanath Boga vs State Of Mah. Thr. Pso Ps Armori ...
2021 Latest Caselaw 12685 Bom

Order                                                                                      0609appa303.21
                                                    1


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


                      CRIMINAL APPLICATION [APPA] NO. 303/2021
                          IN CRIMINAL APPEAL NO. 200/2021.
                                         Rakesh Vishwanath Boga
                                               -VERSUS-
                  The State of Maharashtra, through P.S.O. Armori, District Gadchiroli.

Office notes, Office Memoranda of
Coram, appearances, Court's orders                           Court's or Judge's Orders
or directions and Registrar's orders.

                                         Shri A.C. Jaltare, Advocate for the Applicant/Appellant.
                                         Shri M. Khan, A.P.P. for the Respondent.



                                                        CORAM : VINAY JOSHI, J.

                                                        DATE      :    SEPTEMBER 06, 2021.


                                                      Heard.

2. This is an application seeking suspension of

execution of sentence passed in Sessions Case

No.60/2018 dated 04.03.2021 by the Sessions Judge,

Gadchiroli. The trial Court held the appellant/

applicant guilty for the offence punishable under

Sections 307 and 452 of the Indian Penal Code. The

trial Court imposed maximum punishment to undergo

rigorous imprisonment of 5 years along with total fine

of Rs.7000/-.

3. During trial the appellant/applicant was in

Order 0609appa303.21

jail. The learned counsel for the appellant/applicant

took me though the impugned judgment and evidence

recorded in the trial Court. Apart from some

inconsistencies, it is also submitted that the offence

punishable under Section 307 of the Indian Penal Code

may not attract in the given facts.

4. The matter requires consideration. It is

prominently brought to my notice that from

19.02.2018, the applicant/appellant is in jail, meaning

thereby he has already undergone half of the sentence

imposed. The appeal will take its own time for

disposal in accordance with law. Having regard to the

said special feature, the execution of sentence can be

suspended. In view of that following order is passed.

(i) Criminal Application is allowed and disposed of.

(ii) The execution and implementation of substantive sentence imposed by the Sessions Judge, Gadchiroli in Sessions Case No.60/2018 vide judgment and order dated 04.03.2021, is hereby suspended till the final disposal of the appeal on a condition of deposit of entire fine amount before the trial Court.

(iii) In the meanwhile, the applicant/ appellant be released on bail on his furnishing P.R.

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Bond in the sum of Rs.25,000/- with one solvent surety in the like amount.

(iv) The trial Court to ensure deposit of entire fine amount before actual release of the applicant/ appellant.

JUDGE Rgd.