Jayram Budha Bhoi vs The State Of Maharashtra
2022 Latest Caselaw 7018 Bom

                                     1          921-Cri.Appln.2333-22.odt

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

               921 CRIMINAL APPLICATION NO.2333 OF 2022
                          IN REVN/212/2022

                             JAYRAM BUDHA BHOI
                                    VERSUS
                          THE STATE OF MAHARASHTRA

                                      ...
                Advocate for Applicant : Mr. Sant Tapan Kishor.
                APP for Respondent-State : Mr. A. A. Jagatkar.
                                      ...

                                 CORAM :     S. G. MEHARE, J.
                                 DATE :      21.07.2022

     PER COURT :-


     1.      Issue notice to the respondent-State. The learned APP

     waives the service of notice for the State. Notice returnable

     forthwith.


     2.      Heard the learned counsel for the applicant and the

     learned APP for the State.


     3.      Learned counsel for the applicant would submit that the

     applicant has been convicted for the offences punishable under

     Sections 504, 506 and 509 of the IPC by the Trial Court and

     has imposed the fine of Rs.3,000/- in total. The applicant has

     deposited the fine amount and has preferred the appeal before




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                                     2          921-Cri.Appln.2333-22.odt

     the learned Sessions Judge. The learned Sessions Judge was

     pleased to allow the appeal partly and set aside the conviction

     for the offences punishable under Sections 504 and 506 of the

     IPC. However, confirmed the conviction under Section 509 of

     the IPC. The applicant was sentenced to suffer S.I. for one

     month with fine of Rs.1,000/- for the offence punishable under

     Section 509 of the IPC.


     4.      Learned counsel for the applicant has argued that the

     findings have not been correctly recorded by both the Courts

     below, and erroneously held the applicant guilty.           He has a

     good case on merit. Therefore, corporal sentence may be

     suspended.


     5.      Perused both the judgments passed by the learned Trial

     Judge and the learned Sessions Judge. There appears grounds

     for the arguments to the applicant. Considering the material

     placed before this Court, this Court is of the view that this is a

     fit case to exercise the discretion under Section 389 of the

     Cr.P.C. Hence, the following order :




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                                           3      921-Cri.Appln.2333-22.odt

                                      ORDER

(i) Application is allowed.

(ii) The sentence imposed against the applicant by the

Trial Court, confirmed by the Sessions Court in

Criminal Appeal No.50 of 2018 is suspended till the

disposal of the revision.

(iii) The applicant shall be released on bail on executing

P.B. and S.B. of Rs.20,000/- with one solvent surety

of the like amount.

(iv) Bail before the learned Additional Sessions Judge-2,

Amalner.

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

vmk/-