Narayan Sakharam Durgade vs The State Of Maharashtra
2022 Latest Caselaw 13402 Bom

                                                              905-IA-4390-2022.doc


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            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  CRIMINAL APPELLATE JURISDICTION

               INTERIM APPLICATION NO. 4390 OF 2022
                              WITH
               INTERIM APPLICATION NO. 4393 OF 2022
                                IN
           CRIMINAL REVISION APPLICATION NO.457 OF 2022

 Narayan Sakharam Durgade                       ... Applicant
            V/s.
 The State of Maharashtra                       ... Respondent

 Mr. Ashok B. Tajane for the applicant.
 Mr. A.R. Patil, APP for the State.

                               CORAM      : AMIT BORKAR, J.

                               DATED      : DECEMBER 21, 2022
 P.C.:

1. Interim Applications are filed for bail and suspension of sentence imposed by the Courts below convicting and sentencing for offence punishable under Sections 354 and 504 of the Indian Penal Code, 1860. According to the applicant, there are material contradiction and improvement in the testimony of the prosecutrix which has been relied by the Courts below. On prima facie perusal of the material on record, it appears that the Courts have relied on the testimony of PW-2 to convict and sentence the applicant for the offence under Sections 354 and 504 of IPC.

2. Considering the period of sentence imposed and the submissions on behalf of the applicant, a case for suspension of sentence is made out.

905-IA-4390-2022.doc

3. The sentence imposed by impugned Judgment and Order passed by the learned Additional Sessions Judge, Pune dated 8th December, 2022 in Criminal Appeal No.10 of 2017 confirming the Judgment and Order dated 19th December 2016 passed by the learned Judicial Magistrate First Class, Saswad, Pune in S.T.C. No.164 of 2012 is suspended till 21st February, 2023.

4. List both the interim applications on 17th February 2023.

CRIMINAL REVISION APPLICATION NO.457 OF 2022

5. Issue notice to the respondent returnable on 17th February, 2023.

(AMIT BORKAR, J.)