Bombay High Court
Sanjabrao Kachru Shinde And ... vs State Of Mah. Thr. Pso Ps Lonar ... on 16 December, 2022
Bench: G. A. Sanap
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
: NAGPUR BENCH : NAGPUR.
CRIMINAL REVISION APPLICATION NO. 294 OF 2022
SANJABRAO KACHRU SHINDE AND ANOTHER
VERSUS
STATE OF MAH., THRU. P.S.O., P.S., LONAR, DIST. BULDHANA
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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. S. Agrawal, Advocate h/f Mr. S. V. Sirpurkar, Advocate for the
applicants
Mr. S. A. Ashirgade, A. P. P. for the non-applicant/State
CORAM : G. A. SANAP, J.
DATE : DECEMBER 16, 2022.
1. Heard Mr. A. S. Agrawal, learned advocate for the
applicants.
2. Issue notice for final disposal at the stage of admission
to the non-applicant/State.
3. Mr. S. A. Ashirgade, learned Additional Public
Prosecutor waives service of notice on behalf of the State.
4. Call for the record and proceedings.
5. Learned advocate for the applicants shall file private
paper book.
6. Stand over after four weeks.
Criminal Application (APPR) No. 427 of 2022
1. Heard this application finally with consent of the
learned advocates for the parties.
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2. This revision is preferred against the judgment and
order dated 07.12.2022 passed by the learned Additional
Sessions Judge, Mehkar, whereby, the learned Judge has
been pleased to dismiss the appeal filed by the applicants
against their conviction and sentence. The learned Judicial
Magistrate, First Class, Lonar had convicted the applicants
for the offences punishable under Sections 324, 323 and
506 read with Section 34 of the Indian Penal Code. The
maximum substantive sentence awarded is of one year
rigorous imprisonment for the offence punishable under
Sections 324 of the IPC. The substantive sentence awarded
for the offences punishable under Sections 323 and 506 of
the IPC is rigorous imprisonment for three months each.
They were also sentenced to pay fine.
3. It is stated that the applicants have deposited the
entire fine amount. The applicants have been taken in
custody on the date of pronouncement of the judgment i.e.
07.12.2022. It is submitted that they have a good case on
merits. The grounds of challenge to the impugned
judgment and order have been set out in the revision
application. It is stated that during pendency of the revision
application, the substantive sentence awarded on three
counts is required to be suspended.
4. I have heard Mr. A. S. Agrawal, learned advocate for
the applicants and Mr. S.A. Ashirgade, learned Additional
Public Prosecutor for the State. Perused the record and
proceedings.
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5. Learned APP has argued the application without
filing reply. Perusal of the revision application would show
that the multiple grounds have been pleaded to challenge
the correctness and legality of the impugned judgment. In
my view, in view of the grounds of challenge, the revision
application would be required to be heard and decided on
merits. Final hearing of the revision application may take
its own time. In the facts and circumstances, I am of the
view that detention of the applicants would not be
warranted. A case is made out for suspension of their
substantive sentence. Hence, the following order :
i. The application (APPR) No. 427/2022 is allowed.
ii. Substantive sentence awarded by the learned Judicial
Magistrate, First Class, Lonar vide judgment and order
dated 20.12.2014 and confirmed by the learned Additional
Sessions Judge, Mehkar vide judgment and order dated
07.12.2022 on various counts shall remain suspended
during pendency of the revision application.
iii. Applicants - (1) Sanjabrao Kachru Shinde ; and (2)
Vijay Kachru Shinde, be released on bail on their furnishing
PR bond in the sum of Rs.25,000/- with one surety of the
like amount, each. Surety be submitted before the learned
Additional Sessions Judge, Mehkar.
iv. The application stands disposed of.
Digitally signed byPARAG
PRABHAKARRAO DIWALE JUDGE
Signing Date:16.12.2022
17:06 Diwale
