Anil Khandu Yeola vs The State Of Maharashtra
2022 Latest Caselaw 12596 Bom

                                                              6-revn-416-2022.doc


 Ghuge
            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  CRIMINAL APPELLATE JURISDICTION

              INTERIM APPLICATION NO. 4053 OF 2022
                               IN
          CRIMINAL REVISION APPLICATION NO. 416 OF 2022


 Anil Khandu Yeola                             ... Applicant
            V/s.
 The State of Maharashtra                      ... Respondent



 Mr. S.R. Ganbavale for the applicant.
 Mr. R.M. Pethe, APP for the respondent/State.



                               CORAM     : AMIT BORKAR, J.

                               DATED     : DECEMBER 5, 2022
 P.C.:

1. The applicant is challenging the Judgment and Order passed by the Courts below thereby convicting and sentencing the applicant to undergo rigorous imprisonment of two (2) years and pay fine of Rs.50,000/- (Fifty Thousand Only). The applicant has been convicted for the offence punishable under Section 409 read with 34 of the Indian Penal Code, 1860.

2. Having considered the reasoning of both the courts below and considering the fact that it is unlikely that the revision will be decided in the near future, and the punishment imposed of two (2) years, the applicant has made out a case for grant of suspension of sentence. Hence, following order:

6-revn-416-2022.doc

a) The sentence imposed by impugned Judgment and Order passed by the learned Sessions Judge, Malegaon dated 9th November 2022 in Criminal Appeal No.42 of 2016 confirming the Judgment and Order dated 29 th November 2016 passed by the learned Judicial Magistrate First Class, Satana, nashik in R.C.C. No.60 of 2006 is suspended till 31st January, 2023.

b) The applicant shall be released on bail on furnishing cash surety of Rs.10,000/- (Ten Thousand Only) within two (2) weeks from today;

c) The applicant shall furnish P.R. Bond of Rs.10,000/- (Ten Thousand Only) along with one (1) Surety in the like amount within three (3) weeks thereafter;

d) The applicant shall deposit fine amount within Two (2) weeks from today.

3. The interim application is disposed of in above terms. No costs.

(AMIT BORKAR, J.)