Shivraj Kishorprasad Singh vs State Of Maharashtra And Anr
2022 Latest Caselaw 4464 Bom

                                                                                12-revn-161-2022.doc




                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        CRIMINAL APPELLATE JURISDICTION

                                 CRIMINAL REVISION APPLICATION NO.161 OF 2022
                                                    WITH
                                     INTERIM APPLICATION NO.1241 OF 2022

                      Shivraj Kishorprasad Singh                          ...Applicant
                                 vs.
                      The State of Maharashtra and Another                ...Respondents
VISHAL
SUBHASH               Mr. Rahul Patil, for the Applicant.
PAREKAR               Mr. S.R. Agarkar, APP for the Respondents-State.
Digitally signed by
VISHAL SUBHASH                                CORAM :     N. J. JAMADAR, J.
PAREKAR
Date: 2022.04.29                              DATE :      APRIL 27, 2022
10:26:47 +0530


                      P.C.:

                      1.       Heard the learned counsel for the applicant in Interim

                      Application No. 1241 of 2022 and the learned APP for the State.



                      2.       Learned counsel for the applicant submits that respondent

                      No. 2 has been served. The learned counsel tendered the affidavit of

                      service. Affidavit of service is taken on record.



                      3.       The applicant was prosecuted for the offences punishable

                      under sections 354, 354D, 323, 504 and 452 of the Indian Penal

                      Code, 1860 (penal code) in RCC No. 309/2014. By the judgment and

                      order dated 26th April, 2018, learned JMFC, Ghodnadi (Shirur)

                      was persuaded to acquit the accused of the offences punishable



                      Vishal Parekar, P.A.                                                      ...1
                                                            12-revn-161-2022.doc




under sections 354D and 504 of the Penal Code and convicted the

applicant for the offence punishable under sections 354, 323 and

451 of the Penal Code and sentenced to suffer rigorous

imprisonment for two years and pay fine of Rs. 40,000/- on the first

count, rigorous imprisonment for six months, on the second count,

and rigorous imprisonment for one year and fine of Rs. 10,000/- on

the third count with default stipulation.



4.       The applicant preferred an appeal being Criminal Appeal No.

328 of 2018 in the Court of Sessions, Pune. By the impugned

judgment and order dated 22nd February, 2022 the learned

Additional Sessions Judge dismissed the appeal and affirmed the

order of conviction and sentence passed by the learned Magistrate.

The applicant thus in revision.



5.       The learned counsel submits that the applicant was on bail

during the pendency of the trial and appeal as well. The applicant

has roots in society. The sentence for the major offence punishable

under section 354 of the Penal Code, in a sense, short one. It is very

unlikely that the revision application can be heard and finally

decided before the sentence gets over. From the perusal of the

impugned judgment, it appears that arguable questions are also


Vishal Parekar, P.A.                                                       ...2
                                                                12-revn-161-2022.doc




raised. In view of the above, it would be expedient and in the

interest of the justice to suspend the sentence during the pendency

of this revision application and enlarge the applicant on bail.

                 Hence, the following order.

                                  ORDER

1] The Interim Application stands allowed.

2] The substantive sentence imposed in RCC No. 309/2014 by the

learned Magistrate and confirmed by the learned Sessions Court in

Criminal Appeal No. 328 of 2018 stands suspended on the condition

that the applicant shall deposit the entire amount of fine, if not

deposited, in the Court of learned Magistrate within a period of one

week.

3] In the meanwhile, the applicant be released on bail on

furnishing P.R. Bond of Rs. 15,000/- with a surety in the like

amount to the satisfaction of the learned Magistrate.

4] Applicant shall regularly attend the proceeding in this Court.

5] The applicant shall mark his presence before the learned

Magistrate, once in six months, till the decision of the Revision

Application.

4]      Application stands disposed.



                                               (N. J. JAMADAR, J.)


Vishal Parekar, P.A.                                                           ...3