Ansarkhan Gulamrasulkhan @ ... vs The State Of Maharashtra
2022 Latest Caselaw 5778 Bom

                                                             953-CriRev187.22
                                     (1)

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD


           953 CRIMINAL REVISION APPLICATION NO.187 OF 2022
                 WITH APPLN/2013/2022 IN REVN/187/2022

      ANSARKHAN GULAMRASULKHAN @ NASIMKHAN AND ANOTHER
                            VERSUS
                  THE STATE OF MAHARASHTRA

 Mr. Prakashsing B. Patil, Advocate for applicants;
 Ms. V. S. Choudhari, 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 14.07.2022. The

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

3. Call for record and proceeding.

4. Learned counsel for the applicants would submit that the

applicants have good case on merits. Since the evidence is not

appreciated properly, the trial Court as well as the Appellate Court

have come to the wrong conclusions. The applicants have deposited

the fine amount. The learned trial Court sentenced the applicants to

suffer RI for three months and the first Appellate Court has confirmed

953-CriRev187.22

the said order. It is also submitted by the learned Counsel for the

applicants that the applicants never misused the liberty granted to

them. Hence, the corporal sentence may be suspended.

5. The applicants have a case to be heard on merits. Fine amount

has already been deposited by the applicants. The applicants are

young boys. There are reasons to suspend the sentence. Hence, the

following order -

i) The execution of sentence imposed by the learned Judicial

Magistrate, First Class, Chopda, in S.C.C.No. 179 of 2014 by

judgment and order dated 27.09.2017 and confirmed by the

learned Additional Sessions Judge-2, Amalner, in Criminal

Appeal No. 25 of 2017 by judgment and order dated

18.06.2022, is suspended till the next date.

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 Judge at Amalner.

(S. G. MEHARE, J.)

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