Balasaheb @ Gotya Ambadas Raut And ... vs The State Of Maharashtra
2022 Latest Caselaw 5777 Bom

                                                                   CriRev166.22
                                     (1)

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD


           949 CRIMINAL REVISION APPLICATION NO.166 OF 2022
                 WITH APPLN/1870/2022 IN REVN/166/2022

            BALASAHEB @ GOTYA AMBADAS RAUT AND OTHERS
                              VERSUS
                    THE STATE OF MAHARASHTRA

 Mr. Narendra B. Patekar, 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 19.07.2022. The

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

3. Call for record and proceedings.

4. The applicants-accused have been convicted for the offence

punishable under Section 324 of the Indian Penal Code and sentenced

to suffer RI for six months and fine of Rs.3000/-.

5. The appeal preferred by the applicants-accused is also

dismissed and sentence imposed by the trial Court is confirmed.

6. The learned Counsel for the applicants would submit that the

CriRev166.22

applicants have a good case on merit. They have deposited the fine

amount. The appreciation of the evidence within four corners of the

law may required to be examined.

7. After having gone through the impugned judgments, it appears

that the applicants have a good case to be heard on merit. Hence,

the following order -

i) The execution of sentence imposed by the learned Judicial

Magistrate, First Class, (Court No.1), Newasa, in R.C.C.No.

254 of 2011 by judgment and order dated 30.03.2017 and

confirmed by the learned Additional Sessions Judge,

Newasa, District Ahmednagar, in Criminal Appeal No. 11 of

2017 by judgment and order dated 11.04.2022, is suspended

till conclusion of the 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 Sessions Court.

(S. G. MEHARE, J.)

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