Kishor Ganeshrao Rampure vs State Of Mah. Thr. Pso Tiosa ...
2023 Latest Caselaw 3443 Bom

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

                   CRIMINAL REVISION APPLICATION No.79 OF 2023

(Kishor Ganeshrao Rampure Vs. State of Maharashtra, through PSO, Tiosa Tq. Tiosa, Distt.
                                      Amravati)
__________________________________________________________________________
Office Notes, Office Memoramda of Coram,
appearances, Court's orders of directions             Court's or Judge's orders.
and Registrar's Orders.

                              Mr. C.A. Babrekar, Advocate for the applicant.
                              Mrs. Mayuri Deshmukh, APP for respondent-State.

                               Coram :       G.A. Sanap, J.

Date : 06.04.2023.

1. Issue notice to the respondent, returnable on 27.4.2023.

2. Smt. Mayuri Deshmukh learned A.P.P. waives service of notice on behalf of respondent-State. Criminal Application (APPR) No.112/2023.

1. Heard learned Advocate for the applicant and learned Additional Public Prosecutor for respondent-State.

2. Perused the record and proceedings.

3. This revision is filed against the judgment and order dated 9.2.2023, passed by the learned Additional Sessions Judge, Amravati thereby confirming the judgment of conviction and sentence under section 509 of the Indian Penal Code passed by the learned Judicial Magistrate, First Class.

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4. The applicant-accused has been sentenced to suffer simple imprisonment for one year and to pay fine of Rs.1,000/-.

5. Learned Advocate submitted that fine amount has been deposited.

6. Learned Advocate submits that from the date of decision of the appeal learned Additional Sessions Judge, Amravati was pleased to suspend the substantive sentence. Learned Advocate submits that applicant-accused has a good case on merit and therefore, the substantive sentence may be suspended.

7. It is seen that the learned Additional Sessions Judge after dismissal of the appeal was pleased to suspend the sentence. It is seen that the learned Additional Sessions Judge, Amravati after dismissal of the appeal on 9th February, 2023 had no power and jurisdiction to suspend the substantive sentence. The learned Judge without recording the reasons has suspended the sentence.

8. Be that as it may, considering the challenge raised in this petition the substantive sentence shall remain suspended during the pendency of the revision application.

9. The applicant, Kishor Ganeshrao Rampure, be released on bail on his furnishing PR Bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand) with one solvent surety in the like amount.

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10. Learned Registrar (Judicial) shall forward copy of this order for information to learned Additional Sessions Judge, Amravati, Mr. R.V. Tamnekar, so that such mistakes are not repeated in future.

(G.A. Sanap, J.)

Wadode