Mahesh S/O Dewaji Sadmake vs State Of Mah. Thr. Pso Pathari ...
2022 Latest Caselaw 11160 Bom

                                          1                                    40 apeal727.22.odt


                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            : NAGPUR BENCH : NAGPUR.

                           CRIMINAL APPEAL NO. 727 OF 2022
                          MAHESH S/o DEWAJI SADMAKE
                                           VERSUS
        STATE OF MAH., THRU. P.S.O., P.S., PATHARI, TAH.SAOLI, DIST. CHANDRAPUR
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Office Notes, Office Memoranda of                         Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
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                          Ms. S. B. Khobragade, Advocates for the appellant.
                          Mr. S. M. Ghodeswar, A. P. P. for the respondent /State.

                                  CORAM : G. A. SANAP, J.

DATE : OCTOBER 20, 2022.

1. Heard Ms. Sonali B. Khobragade , learned advocate for the appellant.

2. ADMIT.

3. Mr. S. M. Ghodeswar, learned Additional Public Prosecutor waives service of notice of hearing on behalf of respondent / State.

4. Call for the record and proceedings.

CRIMINAL APPLICATION (APPA) NO. 947 OF 2022

1. Heard Ms. Sonali B. Khobragade, learned advocate for the Applicant.

2. Issue notice to the non-applicant/State.

3. Mr. S. M. Ghodeswar, learned APP waives service of notice on behalf of the State.

4. Learned advocate for the applicant submits that on the date of the judgment and order impugned in this case, the substantive sentence was suspended by the learned trial 2 40 apeal727.22.odt

Judge. The learned advocate submits that pending hearing and disposal of the appeal, the substantive sentence may be suspended. It is submitted that the fine amount is already deposited by the applicant/appellant.

5. I have heard learned Advocate for the applicant and learned APP for the State.

6. The appellant is convicted for the offence punishable under Sections 341 and 354-A(1)(i) of the IPC. On first count, the applicant is sentenced to suffer simple imprisonment for one month and to pay fine of Rs.100/-. On the second count, he is sentenced to suffer rigorous imprisonment for two years and to pay fine of Rs.500/-.

7. In my view, considering the term sentence , it would be just and proper to suspend the substantive sentence. Accordingly, it is ordered that the substantive sentence on both the counts shall remain suspended during pendency of the appeal.

8. The appellant/applicant be released on bail on his furnishing PR bond in the sum of Rs.20,000/- with one surety of the like amount before the trial Court.

9. The application stands disposed of.

JUDGE Diwale

Digitally signed byPARAG PRABHAKARRAO DIWALE Signing Date:21.10.2022 16:58