Mangesh Yashwant Sawant And Anr vs The State Of Maharashtra
2022 Latest Caselaw 6736 Bom

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                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                              CRIMINAL APPELLATE JURISDICTION

                                       CRIMINAL REVSION APPLICATION NO.264 OF 2021

                               Mangesh Yashwant Sawant and another                         Applicants
                                            versus
                               The State of Maharashtra                                    Respondent

                               Mr.Sarthak Shetty with Ms.Keral Mehta i/by Mr.Deepak Khillari,
                               Advocate for applicants.
                               Mr.Arfan Sait, APP, for State.

                                                       CORAM :         PRAKASH D. NAIK, J.

                                                       DATE     :      15th July 2022
                               PC :


                               1.     The applicants were convicted vide judgment and order dated
                               10th January 2018 passed by learned Judicial Magistrate, First Class,
                               Murud in Summary Criminal Case No.126 of 2017 for offence
                               u/s.65A r/w Section 83 of Maharashtra Prohibition Act, 1949. They
                               were convicted for the offence u/s.65A of the amended provisions of
                               Maharashtra Prohibition Act, 1949 and sentenced to suffer
                               imprisonment of 3 years and pay fine of Rs.25,000/- each and in
                               default to pay the fine, to suffer simple imprisonment of two months.
                               They were convicted for the offence u/s.83 of the amended
                               Maharashtra Prohibition Act, 1949 and sentenced to pay fine of
                               Rs.25,000/- each and in default to pay the fine, to suffer simple
                               imprisonment of two months. The said judgment was challenged

         Digitally signed by
                               before the appellate Court by preferring Criminal Appeal No.9 of
MANISH   MANISH SURESH
SURESH
                               2018. Vide judgment and order dated 26 th February 2021 passed by
         THATTE
         Date: 2022.07.18
THATTE   11:55:33 +0530


                               Sessions Judge, Raigad-Alibag, the appeal preferred by the
                               appellants was partly allowed. The applicants were convicted for the
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offence u/s/65A of Maharashtra Prohibition Act, 1949 and directed
to pay fine of Rs.50,000/- each and in default of payment of fine
they were directed to undergo simple imprisonment for three
months.    They were further convicted for the offence u/s.83 of
Maharashtra Prohibition Act, 1949 and directed to pay fine of
Rs.50,000/- each and in default of payment of fine they were
directed to undergo simple imprisonment for three months.


2.     The sentence of imprisonment imposed by the Trial Court was
set aside and applicants were convicted to pay fine. The total fine
amount imposed on the applicants was in the sum of Rs.2,00,000/-.


3.     Learned advocate for the applicants state that entire fine
amount is deposited by the applicants before Trial Court;


4.     The applicants have challenged the conviction order passed by
Trial Court and modified order passed by Appellate Court.        As there
is no substantive sentence imposed and fine amount is deposited by
the applicants, this revision application can be admitted.
                               ORDER

(i) Admit.

(ii) Call for record and proceedings.

(PRAKASH D. NAIK, J.) MST