Bajrang Vitthal Hake vs The State Of Maharashtra
2022 Latest Caselaw 12604 Bom

Citation : 2022 Latest Caselaw 12604 Bom
Judgement Date : 5 December, 2022

Bombay High Court

Bajrang Vitthal Hake vs The State Of Maharashtra on 5 December, 2022

Bench: S. G. Mehare

                                                               320.22 REVISION.odt
                                                1


                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            BENCH AT AURANGABAD

              73 CRIMINAL REVISION APPLICATION NO.320 OF 2022
                  WITH APPLN NO.3644/2022 IN REVN/320/2022

                       BAJRANG S/O VITTHAL HAKE
                                 VERSUS
                       THE STATE OF MAHARASHTRA
                                    ...
          Mr.K.N. Shermale, advocate for applicant.
          Mr.S.B. Narwade, APP for respondent/State.
                                   ...
                                CORAM : S.G. MEHARE, J.

DATE : DECEMBER 05, 2022 PER COURT :-

. Heard the learned counsel for the applicant and the learned A.P.P. for the respondent/State at length.

2. The issue involved in this application is whether the sentence can be suspended without surrendering bail.

3. The learned APP places reliance on the judgment of the Hon'ble Supreme Court in case of Vivek Rai and another Vs. High Court of Jharkhand through Registrar General and others reported in 2015 AIR (SC) 1088 and vehemently argued that the suspension of sentence presupposes confinement.

4. Per contra, the learned counsel for the applicant has vehemently argued that this Court has taken a view in the case of Popat Dattatraya Ajabe Vs. State of Maharashtra in Criminal

320.22 REVISION.odt

Application No.1238/2020 in Criminal Revision Application No.89/2020 dated 3rd August, 2020 and in the case of Fazal Khalil Ahmed Shaikh Vs. Nandkishor Ramnivasji Agrawal and one another in Criminal Application No.2743/2019 in Criminal Revision Application No.323/2019 dated 12th June, 2020, that surrender is not a pre-condition to suspend the sentence in revision petition.

5. In view of the point fall for the determination, the judgment is reserved. Till then, the applicant shall not be arrested.

(S.G. MEHARE, J.) SGA