Mohammad Juned Mohammad Qadir vs State Of Mha. Thr. Pso Wani Tq. Wani ...
2022 Latest Caselaw 8269 Bom

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

                          CRIMINAL REVISION NO.197                              OF       2022

                                       Mohammad Juned Mohammad Qadir
                                                     -Vs-
                                            State of Maharashtra

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Office notes, Office Memoranda of
Coram, appearances, Court's orders                                   Court's or Judge's Orders.
or directions and Registrar's orders.
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                                        Mr. M.N.Ali, counsel for the applicant.
                                        Mr.M.J.Khan, A.P.P for the respondent




                                                                     CORAM : G.A.SANAP, J.

                                                                     DATE            : 23.08.2022.



                                  1.            Heard.

2. Issue notice, for final disposal at admission stage, to the respondents, returnable in two weeks.

3. Learned APP waives service of notice for the respondent.

Criminal Application (APPR) No.274 of 2022

1. Heard.

2. In the revision application, the applicant has challenged the judgment and order passed by the learned Additional Sessions Judge, Kelapur, District Yavatmal in Criminal Appeal No.43 of 2012 dated 11.08.2022, whereby the learned Additional Sessions Judge, confirmed and maintained the conviction of the

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appellant, awarded by the learned Judicial Magistrate First Class, Wani for the offences punishable under Sections 380 and 461 of the Indian Penal Code. The learned Additional Sessions Judge modified the substantive sentence awarded to the applicant.

3. The modified sentence for the offence punishable under section 461 is three months and for the offence punishable under Section 380 of the Indian Penal Code is six months.

4. The learned Advocate submitted that the applicant has good case on merits. He has been taken in custody on the date of the judgment and order passed by the learned Additional Sessions Judge dated 11.08.2022. It is submitted that considering the nature of a crime and quantum of sentence, it would be just and proper to suspend the sentence.

5. The learned APP opposed the application for suspension of sentence.

6. I have gone through the Record and proceedings. The appellant has pleaded the grounds of a challenge to the impugned judgment and order. In my opinion, in view of the grounds raised in the revision application, the final adjudication of the matter on merit is necessary.

7. Therefore, during the pendency of the revision application, it would be just and proper to grant the

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prayer made by the applicant in this application.

8. Accordingly, the application is allowed. The substantive sentence awarded by the learned Additional Sessions Judge as above shall remain suspended during the pendency of the revision application. The applicant shall be released on his furnishing PR bond in the sum of Rs.25,000/- and one solvent surety in the like amount before the Court below.

JUDGE

Signed By:KAVITA PRAVIN TAYADE P. A.

Signing Date:23.08.2022 17:55

Kavita