Nitin Vishwasrao Deshmukh vs The State Of Maharashtra And ...
2022 Latest Caselaw 11537 Bom

                                 1                    30-Appln.3727-22.odt


             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                  30 CRIMINAL APPLICATION NO.3727/2022
                            IN REVN/327/2022

                     NITIN VISHWASRAO DESHMUKH
                                VERSUS
               THE STATE OF MAHARASHTRA AND ANOTHER

                                     ...
            Advocate for Applicant : Ms. Chincholkar Surekha G.
                APP for Respondent-State : Mr. K. S. Patil.
                                     ...

                               CORAM :     S. G. MEHARE, J.
                               DATE :      14.11.2022

     PER COURT :-


     1.      Learned counsel for the applicant submits that the

     applicant has a case of money lending transaction. No amount

     as alleged was received. The amount which was raised as a

     hand loan has been paid. The applicant has deposited 20% of

     the total amount of compensation in the Court. The judgment

     of conviction passed by the Trial Court has been confirmed by

     the learned Sessions Court. The applicant is languished in jail

     since 14.10.2022. The applicant has good case on merit.


     2.      Perused the papers. Considering the defence raised by

     the applicant, there appears good case for suspension of

     sentence. However, the respondents has to be heard. Hence,

     the following order :




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                                     2                     30-Appln.3727-22.odt



                                    ORDER

(i) The substantive sentence of S.I. for three months imposed by the learned 2nd Judicial Magistrate First Class, Vaijapur against the applicant vide order dated 14.01.2020 in SCC.No.553 of 2013, Sanjay Vs. Nitin and confirmed by the learned Additional Sessions Judge, Vaijapur in Criminal Appeal No.03 of 2020, dated 14.10.2022 is suspended till the appearance of the respondent.

(ii) The applicant be released on bail on executing P.B.

and S.B. of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount.

(iii) Bail be furnished before the Appellate Court.

             (iv)     Stand over to 02.12.2022.




                                                  (S. G. MEHARE, J.)
                                        ...
     vmk/-