Dnyaneshwar Dinkar Badave vs The State Of Maharashtra And ...
2022 Latest Caselaw 13545 Bom

                                  1                     cran 4414.22.odt

          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     BENCH AT AURANGABAD

                CRIMINAL APPLICATION NO.4414 OF 2022
                                 IN
                   CRIMINAL REVN NO.372 OF 2022

              DNYANESHWAR DINKAR BADAVE
                             VERSUS
         THE STATE OF MAHARASHTRA AND ANOTHER
                                ...
         Advocate for Applicant : Mr. Kolpe Mahendra B.
            APP for Respondent 1 : Mr. A A Jagatkar
                                ...
                   CORAM : S. G. MEHARE, J.
                   Dated: December 23, 2022
                                ...
     PER COURT :-

     1.      Learned counsel for the applicant submits that since

     the applicant could not deposit the money as directed by

     the learned Additional Sessions Judge, Osmanabad, he

     was taken into custody.      Thereafter, the applicant had

     deposited the said amount as directed by the learned

     Additional Sessions Court. However, the appeal was heard

     on merit and the judgment of the trial court was

     confrmed and conviction warrant was issued.                      The

     applicant has a case that his defence has not been

     appreciated properly. He has a good case on merit. He

     never misused the bail.      Hence, his sentence may be

     suspended.


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                                        2                        cran 4414.22.odt

     2.      Perused the application and the impugned order.

     The applicant has grounds to contest the application. The

     amount as directed by the learned Sessions Judge,

     Osmanabad has been deposited.                  Hence, the sentence

     deserves to be suspended.

                                    ORDER

i. The sentence of imprisonment to suffer SI for 6 months passed by the learned 2nd Jt. Judicial Magistrate First Class, Osmanabad in SCC No.50 of 2014 dated 10.1.2019 and confrmed by the learned Additional Sessions Judge, Osmanabad in its order passed in Criminal appeal No.5 of 2019 dated 19.12.2022 is suspended till appearance of respondents.

ii. The applicant Dnyaneshwar Dinkar Badave be released on bail on executing PB & SB of Rs.50,000/- (Rs. Fifty Thousand) with one solvent surety of the like amount.

iii. Bail before the learned Additional Sessions Judge, Osmanabad.

( S. G. MEHARE, J. ) ...

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