Kishan Vitthal Kokulwar vs The State Of Maharashtra
2022 Latest Caselaw 11172 Bom

                                      1                         947-CrAn-3593-22.odt



          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      BENCH AT AURANGABAD

                CRIMINAL APPLICATION NO. 3593 OF 2022 IN
                  REVISION APPLICATION NO.313 OF 2022

                        KISHAN VITTHAL KOKULWAR
                                  VERSUS
                       THE STATE OF MAHARASHTRA
                                      ...
                  Advocate for Applicant : Mr. U. B. Bilolikar
                     APP for Respondent : Mr. K. S. Patil
                                      ...

                                          CORAM :        S. G. MEHARE, J.

                                          DATE       : 20-10-2022
PER COURT :-

1.      Issue notice to the respondent, returnable forthwith.                    The

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

2. Heard the learned counsel for the applicant and the learned

A.P.P. for the respondent / State.

3. The learned Judicial Magistrate First Class, Naigaon Bazar,

District Nanded, convicted the accused of the offence punishable

under Section 7(1)(a)(ii) of the Essential Commodities Act and

sentenced him to suffer rigorous imprisonment for three months

and fine of Rs.5,000/-, in default to suffer simple imprisonment for

one month. The learned Additional Sessions Judge, Biloli, District

Nanded, confirmed the said conviction.

4. The counsel of the applicant would submit that the law has

not been properly considered by the Court of J.M.F.C., Naigaon

(Bz.) and the learned Additional Sessions Judge, Biloli. The

applicant has surrendered before the Court and is behind bars.

2 947-CrAn-3593-22.odt

The applicant is 70 years old and has good chances of success in

the revision. Hence, the corporal sentence imposed against him

may be suspended.

4. The learned A.P.P. would submit that there are two

concurrent judgments on the facts and the law. There are least

chances of interference in the impugned judgment in view of

limited powers of this Court under Section 401 of the Code of

Criminal Procedure. Hence, it would not be profitable to suspend

the sentence.

5. Perused the impugned order. The applicant appears to have

a good arguable case. No harm would cause to the State, if the

sentence is suspended. In view of the facts of the case, discretion

under Section 397 of the Code of Criminal Procedure, may be

exercised in favour of the applicant. Hence, the following order :-

i)      The application is allowed.
ii)     The sentence of rigorous imprisonment for three months

imposed by the learned Judicial Magistrate, First Class, Naigaon Bazar, District Nanded, in RCC No.37 of 2012 decided on 06.10.2017 and confirmed by the learned Additional Sessions Judge, Biloli, in Criminal Appeal No. 30 of 2017 decided on 07.10.2022, is suspended till the disposal of this petition.

iii) The applicant Kishan Vitthal Kokulwar be released on bail, on furnishing PB and SB of Rs.15,000/- with one solvent surety of the like amount.

( S. G. MEHARE ) JUDGE rrd