Bombay High Court
Suresh Rambhau Gothe vs Dadaji Namdev Waratkar And ... on 29 August, 2022
Bench: G. A. Sanap
46-appl 208-22.odt
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL REVISION APPLICATION NO.208 OF 2022
Suresh Rambhau Gothe
-Vs-
Dadaji Namdev Waratkar and anr.
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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. Y.A.Kullarwar, counsel for the applicant.
Ms.S.S.Jachak, A.P.P for respondent No.2.
CORAM : G.A.SANAP, J.
DATE : 29.08.2022.
1. Heard.
2. Issue notice to the respondents, returnable in
four weeks.
3. Learned APP waives service of notice for
respondent No.2.
CRIMINAL APPLICATION NO.289 OF 2022
1. Heard.
2. Issue notice to the respondents, returnable in
four weeks.
3. Learned APP waives service of notice for
respondent No.2.
4. This is an application for suspension of sentence.
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46-appl 208-22.odt
The applicant was convicted by the learned Judicial
Magistrate, First Class, Warora in Summary Criminal
Complaint Case No.319 of 2014 and sentenced to suffer
imprisonment till rising of the Court and to pay
compensation of Rs.2,50,000/- and in default to suffer
simple imprisonment for four months. This judgment
and order came to be confirmed on 24.06.2022 by the
Learned Additional Sessions Judge, Warora, Dist.
Chandrapur. It is stated that on the date of the
pronouncement of the judgment in the appeal, the
applicant was not present. It is stated that he has been
arrested on 25.08.2022 in the execution of the said
order. It is submitted that the applicant has deposited
20% of the total amount as per the order passed by the
learned Additional Sessions Judge, Warora on
21.02.2019 at the time of admission of his appeal. It is
submitted that the appellant is very poor. It is submitted
that he has a good case on merits.
5. On going through the record and proceedings,
pending the hearing and final disposal of this application,
by way of an interim order, the sentence can be
suspended, subject to the appropriate conditions. The
sentence awarded by the Judicial Magistrate First Class,
and confirmed by the learned Additional Sessions Judge,
Warora as above, shall stand suspended during the
pendency of this application, subject to the condition that
the applicant shall furnish PR bond in a sum of Rs.
25,000/- and surety in the like amount. The applicant
shall deposit Rs.50,000/- within one month from the date
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46-appl 208-22.odt
of his release from jail.
6. Stand over after two weeks.
JUDGE
Signed By:KAVITA PRAVIN
TAYADE
P. A.
Signing Date:30.08.2022 17:04
Kavita
