Santosh Prakash Aarte vs The State Of Maharashtra
2022 Latest Caselaw 6361 Bom

                                                       945-crrevn-202-22
                                      1

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

            CRIMINAL REVISION APPLICATION NO.202 OF 2022
                               WITH
                 APPLN/2176/2022 IN REVN/202/2022

                            SANTOSH PRAKASH AARTE
                                     VERSUS
                           THE STATE OF MAHARASHTRA

                                 .....
   Mr. R.H. Wagh, Advocate for the Applicant
   Mr. A.A. Jagatkar, APP for Respondent/State
                                 .....

                                   [CORAM : S.G. MEHARE, J.]

                                    DATE   : 6th JULY, 2022

   Per Court :


   1.      Heard the learned counsel for the applicant.           He would

   submit that the applicant has been sentenced to suffer R.I. for

   six months and a fine of Rs.1,000/- for the offence punishable

   under Section 392 of the Indian Penal Code. The conviction

   and sentence imposed by the learned Magistrate has been

   confirmed by the Sessions Court. The fine amount has been

   deposited. The learned counsel for the applicant also submits

   that the applicant has been convicted only on suspicion. There

   is no direct evidence against him. The applicant has been

   roped in a false crime. There are strong grounds to argue.




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                                                                945-crrevn-202-22
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   2.          Having regard to the arguments advanced by the

   learned counsel for the applicant, it appears that the applicant

   has an arguable case. Hence, the following order -


                                       ORDER

(i) The execution of sentence imposed by the learned Judicial Magistrate, First Class (Court No.15) Aurangabad, in S.C.C.No.1735 of 2016 by judgment and order dated 01.02.2019 and confirmed by the learned Additional Sessions Judge (Court No.10), Aurangabad, in Criminal Appeal No. 38 of 2019 by judgment and order dated 28.06.2022, is suspended till the conclusion of revision.

(ii) The applicant shall be released on bail on executing P.B. and S.B. of Rs. 15,000/- (Rupees Fifteen Thousand Only) with one solvent surety of the like amount.

(iii) Bail before the Sessions Court

(iv) Issue notice to the respondent. Learned APP waives notice for the respondent-State.

   (v)         Call Record and Proceedings.


   (vi)        Criminal application No. 2176 of 2022 stands disposed
   of.



                                                   [ S.G. MEHARE, J. ]

   S.P. Rane


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