Sharad S/O Krushnarao Govindwar vs The State Of Mah. Thr. Pso Ps ...
2022 Latest Caselaw 4408 Bom

                                                         1                           39.REVN.107-2022.odt




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

       CRIMINAL REVISION APPLICATION (REVN) NO. 107 OF 2022
                            ( Sharad S/o Krushnarao Govindwar
                                            Vs.
                                   State of Maharashtra )

Office Notes, Office Memoranda                          Court's or Judge's orders
of Coram, Appearances, Court's
orders     or    directions and
Registrar's orders

                                  Mr. Yash Maheshwari, Advocate for the Applicant.
                                  Mrs. Mayuri Deshmukh, A.P.P. for the Non-Applicant/State.



                                  CORAM:        AVINASH G. GHAROTE, J.

DATED : 26th APRIL, 2022.

Heard Mr. Maheshwari, learned counsel for the applicant.

2. The revision challenges the concurrent findings rendered by the Courts below holding the present applicant guilty for the offence punishable under Section 420 read with Section 34 of the Indian Penal Code. It is the contention of Mr. Maheshwari, learned counsel for the applicant, that out of 16 witnesses examined in respect of the allegation that they had paid money to the applicant, who was the Assistant Superintendent in the Court of Civil Judge Junior Division, Aheri, for securing jobs in the concerned Court, 15 of them, have been disbelieved by the learned trial Court (para 24 page 69) and the entire conviction is based upon the sole testimony of PW-14 Udaybhan, as a cheque was given to him. It is contended, that in the oral 2 39.REVN.107-2022.odt

testimony of PW-14 Udaybhan, there is nothing on record to establish that posts were advertised and the complainants had applied for the same, in absence of which, the allegation, could not have been accepted and conviction ordered. It is further submitted, that during the course of trial as well as during the appeal proceedings, the applicant was on bail and has been arrested consequent to the judgment of the learned Sessions Court dismissing the appeal, considering which, issue notice to the non-applicant for final disposal of the matter at the stage of admission itself, returnable on 05.05.2022.

3. Mrs. Deshmukh, learned APP waives service of notice for the non-applicant/State.

4. The Criminal Application (APPR) ST. No. 3052/2022 seeks suspension of sentence and grant of bail. Considering what has been stated above, the sentence imposed upon the applicant by the learned trial Court as confirmed by the learned appellate Court shall stand suspended and the applicant be released on bail on his executing P.R. Bond in the sum of Rs. 50,000/- with one solvent surety of the like amount, which shall be operative till the returnable date.

Signed By:SHRIKANT
DAMODHAR BHIMTE                                                          JUDGE
             SD. Bhimte
Signing Date:26.04.2022 19:41