Bombay High Court
Suhas Bhaurao Sukhdeve (In Jail) vs State Of Mah., Thr. P.S.O. Ps Grp ... on 8 February, 2022
Bench: Avinash G. Gharote
1 45.APPR 46-20 WITH REVN.43-20.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
CRIMINAL APPLICATION (APPR) NO. 46 OF 2020
WITH
CRIMINAL REVISION APPLICATION (REVN) NO. 43 OF 2020
( Suhas Bhaurao Sukhdeve Vs. State of Maharashtra )
Office Notes, Office Memoranda Court's or Judge's orders
of Coram, Appearances, Court's
orders or directions and
Registrar's orders
Mr. B.D. Sachdev, Advocate h/f Mr. S.G. Karmarkar, Advocate for the
Applicant.
Mr. S.M. Ghodeswar, A.P.P. for the Non-Applicant/State.
CORAM: AVINASH G. GHAROTE, J.
DATED : 8th FEBRUARY, 2022.
Hearing was conducted through Video
Conferencing and the learned counsel agreed that the
audio and visual quality was proper.
2. Mr. Ghodeswar, learned APP for the
non-applicant/State submits, that he has instructions
from the Jail Authorities, that the applicant has been
granted extension on account of Covid-19 pandemic till
17.02.2022.
3. The applicant seeks suspension of sentence
and to release him on bail pending the revision. The
applicant has been convicted by the Judicial Magistrate
First Class (Railway Court) Nagpur, by the judgment
dated 04.10.2017 for the offence punishable under
Section 417 of the Indian Penal Code for RI 6 months
and to pay a fine of Rs. 5,000/-, under Section 465 of the
Indian Penal Code for RI one year and to pay a fine of
2 45.APPR 46-20 WITH REVN.43-20.odt
Rs. 10,000/- and also under Section 468 of the Indian
Penal Code for RI two years and to pay a fine of
Rs. 10,000/-. The appeal against the same has been
dismissed by the appellate Court by the judgment dated
05.02.2020.
4. Mr. Sachdev, learned counsel appearing for
the applicant submits, that at the most, there could have
been a violation of Section 137 of the Railway Act and
the conviction under Sections 417, 465 and 468 of the
Indian Penal Code was not sustainable. Notice has been
already issued by the order dated 21.02.2020.
Mr. Sachdev, learned counsel appearing for the
applicant, is desirous of the matter getting finally decided
at the admission stage and undertakes to file the paper
book alongwith exhibited documents within a period of
two weeks. The fine of Rs. 25,000/- has been stated to be
deposited on 05.10.2017, considering which, the
following order is passed.
ORDER
(i) Criminal Application No. 46 of 2020 is allowed.
(ii) The substantive jail sentence imposed against the
Applicant by the learned Judicial Magistrate First
Class, Railway Court, Nagpur on 04.10.2017 in
Regular Criminal Case No. 120/2015 and upheld by
the Additional Sessions Judge-11, Nagpur on
05.02.2020 in Criminal Appeal No.272/2017 shall
remain suspended during the pendency of the present
Criminal Revision.
3 45.APPR 46-20 WITH REVN.43-20.odt
(iii) The Applicant shall be released on bail by executing a
P.R bond in the sum of Rs.25,000/- (Rs. Twenty Five
Thousand Only) with one solvent surety in the like
amount.
CRIMINAL APPLICATION (REVN) NO. 43 OF 2020
List the matter for further consideration on
28.02.2022.
2. Mr. Ghodeswar, learned APP waives service of
notice for the non-applicant/State.
JUDGE
SD. Bhimte
Signed By:SHRIKANT
DAMODHAR BHIMTE
Signing Date:08.02.2022 19:11
