Dnyaneshwar Hari Gaikwad And ... vs The State Of Maharashtra
2022 Latest Caselaw 5758 Bom

                                                                      CriRev185
                                     (1)

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD


              CRIMINAL REVISION APPLICATION NO.185 OF 2022
                  WITH APPLN/2011/2022 IN REVN/185/2022

                DNYANESHWAR HARI GAIKWAD AND ANOTHER
                                VERSUS
                      THE STATE OF MAHARASHTRA

 Mr. Ankush N. Nagargoje, Advocate for applicants;
 Mr. A. A. Jagatkar, A.P.P. for respondent

                               CORAM : S. G. MEHARE, J.

DATE : 23rd June, 2022

P.C.

1. Heard the learned Counsel for the applicants.

2. Issue notice to the respondent, returnable on 15.07.2022. The

learned A.P.P. waives service of notice for the respondent/State.

3. Call for record and proceedings.

4. Learned Counsel for the applicants would submit that the

applicants have good case on merit. They have been convicted by the

learned Magistrate and sentenced to suffer RI for one year with fine.

The applicants have deposited the fine amount. The improper

appreciation of evidence has resulted in conviction of the applicants.

The applicants are the permanent residents of Kannad, District

CriRev185

Aurangabad. They never misused the liberty granted to them. They

are young boys. One of them is a teacher. They are ready to

cooperate with the further judicial process. There appears substance

in the submission made by the learned Counsel for the applicants and

the sentence deserves to be suspended. Hence, the following order -

i) The execution of sentence imposed by the learned Judicial

Magistrate, First Class, (Court No.9), Aurangabad, in

R.C.C.No. 391 of 2014 by judgment and order dated

21.02.2019 and confirmed by the learned Additional

Sessions Judge, Aurangabad, in Criminal Appeal No. 54 of

2019 by judgment and order dated 07.06.2022, is suspended

till the conclusion of revision.

ii) The applicants be released on bail on furnishing P.B. and

S.B. of Rs.15,000/- each with one solvent surety of the like

amount.

iii) Bail before the learned Additional Sessions Judge at

Aurangabad.

(S. G. MEHARE, J.)

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