Darshan Janardan Jadhav And Anr vs Vidya Yashwant Ruke And Anr
2022 Latest Caselaw 4081 Bom

                                                                                   34-ia-1226-2022.doc




                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        CRIMINAL APPELLATE JURISDICTION

                                     INTERIM APPLICATION NO.1226 OF 2022
                                                     IN
                                 CRIMINAL REVISION APPLICATION NO.160 OF 2022

                      Darshan Janardan Jadhav and Another                   ...Applicants
VISHAL                          vs.
SUBHASH               Vidya Yashwant Ruke and Another                       ...Respondents
PAREKAR
Digitally signed by   Mr. S.M.Railkar, for the Applicants.
VISHAL SUBHASH
PAREKAR               Mr. S.R. Agarkar, APP for Respondent No. 2-State.
Date: 2022.04.19
10:40:22 +0530
                                               CORAM :     N. J. JAMADAR, J.

                                               DATE :      APRIL 18, 2022

                      P.C.:

1. Heard the learned counsel for the applicants and learned APP

for the State.

2. This application is preferred to release the applicant on bail

during the pendency of the revision application.

3. The applicant Nos. 1 and 2 were prosecuted for the offences

punishable under sections 420, 406 and 407 read with 34 of Indian

Penal Code, 1860 in Regular Criminal Case No. 23 of 2015 before the

learned Judicial Magistrate First Class, Khed, Ratnagiri. The

applicants were acquitted by the learned Magistrate by the

judgment and order dated 8th June, 2017.

4. The respondent No. 1 preferred a Criminal Appeal No. 26 of

2017. By the impugned judgment and order, the Additional Sessions

Vishal Parekar, P.A. ...1 34-ia-1226-2022.doc

Judge, Khed was persuaded to reverse the order of acquittal and

convict the applicants for the offences punishable under sections

406 and 420 read with 34 of the Penal Code and sentence them to

suffer simple imprisonment for one year and six months for the

offence punishable under section 406 of the Penal Code and three

years for the offence punishable under section 420 of the Penal

Code and also pay fine of Rs. 5,000/- each, with default stipulation.

The applicants are thus in revision.

5. As the applicants were initially acquitted by the learned

Magistrate, arguable questions are raised in this revision petition.

6. The substantive sentence stands suspended till the decision of

the revision application.

7. The applicants be released on bail on furnishing a P. R. Bond

of Rs. 15,000/- and a surety in the like amount to the satisfaction of

the learned Additional Sessions Judge, Khed, Dist. Ratnagiri.

8. Interim application stands disposed.

9. All concerned to act on an authenticated copy of this order.

                                           (N. J. JAMADAR, J.)




Vishal Parekar, P.A.                                                        ...2