Shankar Rohidas Dahikamble And ... vs The State Of Maharashtra And ...
2023 Latest Caselaw 3457 Bom

                                    1                         905-CrAn-3983-22.odt



          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      BENCH AT AURANGABAD

                   CRIMINAL APPLICATION NO. 3983 OF 2022
                  IN REVISION APPLICATION NO.348 OF 2022

             SHANKAR ROHIDAS DAHIKAMBLE AND ANOTHER
                                 VERSUS
              THE STATE OF MAHARASHTRA AND ANOTHER
                                   ...
               Advocate for Applicants : Mr. Mahesh P. Kale
            APP for Respondent No.1/State : Mr. S. B. Narwade
                                   ...

                                         CORAM :       S. G. MEHARE, J.

                                        DATE       : 06-04-2023
PER COURT :-

1. Heard the learned counsel for the applicants and the learned

A.P.P. for respondent No.1/State.

2. The applicants have surrendered to the Court for execution

of sentence on 05.04.2023. The copy of the order dated

05.04.2023 has been placed on record.

3. The learned counsel for the applicants would submit that the

applicants have a good case on merit. They never breached the

bail condition. They have roots at village Halad Wadhona, Taluka

Jalkot, District Latur. Therefore, the sentence may be suspended.

4. The learned A.P.P. for respondent No.1/State would submit

that there are two concurrent judgments against the applicants.

Both the Judgments are free from infirmity. There is no scope for

interference in the revisional jurisdiction. Therefore, the applicants

do not deserve suspension of sentence.

2 905-CrAn-3983-22.odt

5. Perused the impugned judgments and the grounds in the

revision. There appears to have points to argue in the revision

petition. There were no complaints against the applicants

regarding violation of the bail condition. In view of that matter,

the court is of the view that this is a fit case to exercise discretion

under Section 389 of the Code of Criminal Procedure. Hence, the

following order :-

i)       Application is allowed.

ii)      The execution of sentence to suffer RI for six months for the

offence punishable under Section 324 read with Section 34 of the Indian Penal Code imposed by the learned Judicial Magistrate First Class, Udgir, in RCC No.140 of 2011 and confirmed by the learned Additional Sessions Judge-2, Udgir by its judgment and order in Criminal Appeal No.19 of 2016 dated 15.11.2022, is suspended till the conclusion of the revision petition.

iii) The applicants be released on bail on executing P.B. and S.B.

of Rs.15,000/- with one solvent surety of like amount each.

iv) Bail before the learned Additional Sessions Judge-2, Udgir or Judicial Magistrate First Class, Udgir, as the case may be, where the R & P is lying.

v) Parties to act upon the authenticated copy of this order.

( S. G. MEHARE ) JUDGE

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