Dundappa Ningappa Birajdar vs State Of Maharashtra
2022 Latest Caselaw 4904 Bom

                                                                              27-revn-186-2022.doc




                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CRIMINAL APPELLATE JURISDICTION

                                    INTERIM APPLICATION NO.1470 OF 2022
                                                    IN
                                CRIMINAL REVISION APPLICATION NO.186 OF 2022

                      Dundappa Ningappa Birajdar                        ...Applicant
                                 vs.
                      The State of Maharashtra                          ...Respondent
VISHAL
SUBHASH               Mr. V.V. Phatate, for the Applicant
PAREKAR               Mr. S.R. Agarkar, APP for the State.
Digitally signed by
VISHAL SUBHASH                                 CORAM :   N. J. JAMADAR, J.

PAREKAR Date: 2022.05.07 DATE : MAY 06, 2022 11:04:45 +0530

P.C.:

I.A.No.1470 of 2022 :-

1. The applicant who has been convicted for the offences

punishable under sections 409, 471 and 477A of the Indian Penal

Code, 1860 and sentenced to suffer rigorous imprisonment for five

years, three years and three years, and to pay fine of Rs. 5,000/-,

3,000/- and 3,000/- on the respective counts, by the learned JMFC,

Solapur in R.C.C. No. 407 of 2006, has preferred this revision

application, being aggrieved by the judgment and order dated 1st

April, 2022 passed by the learned Additional Sessions Judge,

Solapur in Criminal Appeal No. 70 of 2013, whereby the appeal,

preferred against the aforesaid judgment of conviction and

sentence, came to be dismissed.

                      Vishal Parekar                                                          ...1
                                                           27-revn-186-2022.doc

2. The learned counsel for the applicant submits that the

applicant was on bail during the pendency of the trial and appeal.

The applicant has a strong case on merits. The applicant be

therefore, enlarged on bail till the disposal of the revision

application.

3. The learned APP resisted the prayer of the applicant. It was

submitted that having regard to the nature and the gravity of the

offences and the punishment imposed, the sentence may not be

suspended.

4. The applicant was initially prosecuted for the offences

punishable under sections 406, 409, 471, 477A of the Indian Penal

Code for having committed criminal breach of the trust while he

was serving as Secretary of Kusur Bruhad Vivid Karyakari Seva

Sahakari Society Limited and also for defalcation of the accoutns

and using the forged document as genuine one, knowing them to be

forged. The learned Magistrate was persuaded to acquit the accused

of the offences punishable under section 406 and find him guilty for

the offences punishable under sections 409, 477A and 471 of the

Penal Code and imposed the sentence as indicated above.

5. The learned Additional Sessions Judge found no merit in the

appeal preferred by the applicant and the same came to be

dismissed by the impugned judgment and order dated 1 st April,

Vishal Parekar ...2 27-revn-186-2022.doc

2022 affirming the order of conviction and sentence.

6. The applicant was on bail during the pendency of the trial and

appeal. The applicant seems to have roots in the society. Though a

sentence of five years rigorous imprisonment is imposed for the

major offence, yet, it is very unlikely that the revision application

can be heard and finally decided in the immediate future. From the

perusal of the grounds in the revision application, it appears that

arguable questions are also raised. It would therefore be expedient

in the interest of justice to suspend the sentence till the final

disposal of the revision application.

7. The substantive sentence passed by the learned Magistrate in

RCC No. 407 of 2006 by judgment and order dated 18 th April, 2013

and confirmed by learned Additional Sessions Judge in Criminal

Appeal No. 70 of 2013 by judgment and order dated 1 st April, 2022

stands suspended till the final decision of the revision application.

8. The applicant be released on bail on furnishing a P.R. Bond of

Rs. 25,000/- and one or two sureties in the like amount to the

satisfaction of the learned Magistrate.

9. The applicant shall mark his presence in the Court of learned

Magistrate once in six months.

10. The applicant shall regularly attend the proceeding before

this Court.

Vishal Parekar ...3 27-revn-186-2022.doc

11. Application stands disposed.

Cri. R.A. No.186 of 2022 :-

12. Heard the learned counsel for the applicant.

13. Admit.

14. Call record and proceeding.

15. Issue notice to the respondents.

16. Learned APP waives service for the respondent.

17. List on 1st August, 2022.

                                           (N. J. JAMADAR, J.)




Vishal Parekar                                                             ...4