Rajesh Vishwanath Bhalerao vs The State Of Maharashtra
2022 Latest Caselaw 10959 Bom

                                                              940-appln-3462-2022.odt
                                      (1)


             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                   CRIMINAL APPLICATION NO.3462 OF 2022
                             IN REVN/306/2022

                    RAJESH VISHWANATH BHALERAO
                                  VERSUS
                      THE STATE OF MAHARASHTRA
                                      ...
             Advocate for Applicant : Mr. Ingole Govind Rangrao
               APP for Respondent/State : Mr. S.B. Narwade
                                      ...
                                      CORAM : S.G. MEHARE, J.

                                       DATED : 18th OCTOBER, 2022

 PER COURT:-

 1.               Learned Ad-hoc Assistant Sessions Judge-2, Parbhani

 convicted the applicant for the offence punishable under Section 353

 of the Indian Penal Code and sentenced to suffer S.I. for two months

 and to pay a fine of Rs.2,000/- in default to suffer the S.I. for 30 days.

 2.               Learned counsel for the applicant would submit that the

 fine amount has been deposited. The applicant has a good case on

 merit.      The sentence has been suspended by the learned Ad-hoc

 Assistant Sessions Judge till the appeal/revision period is over.

 Hence, the sentence may be suspended.

 3.               Perused the impugned judgment and order. This is the

 first remedy after the conviction against the applicant by way of

 revision. The applicant has a good case on merit. The sentence can

 be suspended. Hence, the following order :




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                                                                 940-appln-3462-2022.odt
                                         (2)


                                        ORDER

 I)           Application is allowed.

 II)          The order imposing sentence to suffer S.I. for two months

passed by the learned Ad-hoc Assistant Sessions Judge-2, Parbhani in

Sessions Case No.278 of 2019 dated 30.08.2022, is suspended till the

conclusion of the revision petition.

III) The applicant shall be released on bail on executing P.B. and

S.B. of Rs.15,000/- (fifteen thousand) with one solvent surety of the

like amount.

IV) Bail before the learned Ad-hoc Assistant Sessions Judge-2,

Parbhani.

(S.G. MEHARE, J.)

Mujaheed//