Bombay High Court
Subhash Panjabrao Bhonde vs State Of Mah., Thr. P.I. Ps, ... on 30 August, 2022
Bench: G. A. Sanap
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
: NAGPUR BENCH : NAGPUR.
CRIMINAL REVISION APPLICATION NO. 19 of 2020
SUBHASH PANJABRAO BHONDE
VERSUS
STATE OF MAH., THRU. P.S.O., P.S., DAHIHANDA, DIST. AKOLA
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Office Notes, Office Memoranda of Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
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Mr. A. D. Girdekar, Advocate for the applicant.
Mr. M. J. Khan, A. P. P. for the respondent /State
CORAM : G. A. SANAP, J.
DATE : AUGUST 30, 2022.
1. Heard Mr. A. D. Girdekar, learned advocate for the
applicant.
2. Issue notice to the non-applicant/State, returnable
after four weeks.
3. Mr. M. J. Khan, learned Additional Public Prosecutor
waives service of notice on behalf of non-applicant/State.
4. Call for the record and proceedings.
Criminal Application (APPR) No. 248 of 2022
1. Heard Mr. A.D. Girdekar, learned advocate for the
applicant and Mr. M. J. Khan, learned Additional Public
Prosecutor for the State. Perused the records.
2. The applicant was convicted by the learned Judicial
Magistrate First Class, Akot for the offence punishable
under Section 326 of the Indian Penal Code vide judgment
and order dated 16.02.2012 and sentenced to suffer
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rigorous imprisonment for three years and to pay
compensation of Rs.10,000/-, in default to undergo rigorous
imprisonment of further one year. In the appeal filed against
this judgment and order passed by the learned Magistrate,
the learned Additional Sessions Judge, Akot vide judgment
and order dated 24.12.2019, confirmed and maintained the
conviction and sentence.
3. Mr. Girdekar, learned advocate for the applicant
submits that on the date of the judgment, the applicant was
taken in custody. The learned advocate submits that on
14.05.2020, the applicant was released on parole due to
Covid-19. He submits that on 15.05.2022, the applicant
has surrendered before the jail authority and at present he
has been lodged in Central Prison, Akola. The learned
advocate submits that in view of above facts, his application
for suspension of substantive sentence has remained to be
decided. Learned advocate submits that the applicant has a
good case on merits. He submits that in view of the
challenge raised by him to the impugned judgment and
order, it would be proper to suspend the sentence. Learned
advocate for the applicant further submits that the
compensation of Rs.10,000/- has been deposited by the
appellant.
4. Learned Additional Public Prosecutor for the State
submits that no case has been made out for suspension of
substantive sentence. He submits that the crime committed
by the appellant was serious.
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5. In view of the fact that the application filed by the
applicant challenging the impugned judgment and order
would be required to be heard on merits. The applicant has
raised number of grounds to challenge to the impugned
judgment and order In my view, considering the facts and
circumstances, it would be just and proper to grant this
application.
6. (i) Accordingly, the criminal application (APPR)
No.248/22 is allowed.
(ii) The substantive sentence awarded by the learned
Judicial Magistrate, First Class, Akot by the judgment and
order dated 16.02.2012 and confirmed by the learned
Additional Sessions Judge, Akot in appeal vide judgment
and order dated 24.12.2019, shall remain suspended during
pendency of the revision application.
(iii) The applicant shall be released on bail on his
furnishing PR bond in the sum of Rs.25,000/- with one
surety of the like amount before the trial Court.
JUDGE
Diwale
Digitally signed byPARAG
PRABHAKARRAO DIWALE
Signing Date:30.08.2022
17:57
