Raghunandan Jagannath Shelar vs State Of Maharashtra
2022 Latest Caselaw 13479 Bom

                                                            10-revn453-2022 with ia4356-2022.doc


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

                           CRIMINAL REVISION APPLICATION NO.453 OF 2022
                                              WITH
                               INTERIM APPLICATION NO.4356 OF 2022

         Digitally
         signed by
         ATUL

                      Raghunandan Jagannath Shelar                  ... Applicant
ATUL     GANESH
GANESH   KULKARNI
KULKARNI Date:
         2022.12.22
         17:21:29
         +0530
                                 V/s.
                      The State of Maharashtra                      ... Respondent



                      Mr. Prashant P. Raul for the applicant.
                      Mr. R.M. Pethe, APP for the respondent/State.



                                                  CORAM : AMIT BORKAR, J.

                                                  DATED         : DECEMBER 22, 2022
                      P.C.:

1. The applicant is challenging judgment and order dated 8 th December 2022 passed in Regular Criminal Appeal No.141 of 2015 by the learned Principal District Judge, Pune thereby confirming the judgment and order dated 8 th December 2014 passed by the learned Judicial Magistrate, First Class, Court No.7, Pune in Summary Criminal Case No.9 of 2003 sentencing the applicant to undergo simple imprisonment for one year for offence punishable under section 304A of the Indian Penal Code, 1860 and section 184 of the Motor Vehicles Act, 1988. The applicant has been taken in custody.

2. According to the applicant, the accident occurred when the

10-revn453-2022 with ia4356-2022.doc

applicant was taking his truck in reverse direction. According to the prosecution, the deceased came under the wheel of the truck which has resulted in his death. Considering the sentence imposed and the fact that the accident occurred while taking the truck in reverse direction, the applicant has made out a case for suspension of sentence. Hence, following order:

a) The sentence imposed by judgment and order dated 8 th December 2014 passed by the learned Judicial Magistrate, First Class, Court No.7, Pune in Summary Criminal Case No.9 of 2003 confirmed by judgment and order dated 8th December 2022 passed in Regular Criminal Appeal No.141 of 2015 by the learned Principal District Judge, Pune stands suspended;

b) The applicant shall be released on bail on furnishing cash surety in the amount of Rs.10,000/- (Rupees Ten Thousand Only);

c) The applicant shall furnish PR Bond in the amount of Rs.10,000/- (Rupees Ten Thousand Only) and two sureties in the like amount within four (4) weeks from today;

3. Issue notice to the respondents, returnable on 20th February 2023.

(AMIT BORKAR, J.)